
Class. 

Book 

Coipghtlf- 



COnmiCHT DEPOSIC 



OLD TESTAMENT LAW 
FOR BIBLE STUDENTS 



THE MACMILLAN COMPANY 

NEW YORK • BOSTON • CHICAGO • DALLAS 
ATLANTA • SAN FRANCISCO 

MACMILLAN & CO.. LmiTEa) 

LONDON • BOMBAY • CALCUTTA 
MELBOURNE 

THE MACMILLAN CO. OP CANADA. Ltd. 

TORONTO 



OLD TESTAMENT LAW 
FOR BIBLE STUDENTS 



Classified and Arranged as in 
Modern Legal Systems 



BY 

ROGER SHERMAN GALER, A.M. 

Attorney-at-Law 
Author of **A Layman's Religion" 



iSeto gorfe 
THE MACMILLAN COMPANY 

1922 

All rights reserved 



.L3G3 



Copyright, 1922, 
By the MACMILLAN COMPANY 



Set up and printed. Published October, 1922 



OCT 18 72^ 

PRINTED IN THE UNITED STATES OF AMERICA 

©CU686367 



TO THE MEMBERS 
r4 OF 

^ MY BIBLE CLASS, 

TO WHOSE STUDIES 
^ IN THE OLD TESTAMENT 

^' JOINTLY WITH MY OWN, 

^ THIS BOOK OWES 

^ ITS ORIGIN 



PREFACE 

The study of that part of the Old Testament known 
as the Torah, or the Law, has usually been regarded 
as uninviting and unprofitable. The beginnings of the 
Torah consisted sometimes of single rules, sometimes of 
more or less related commands designated as statutes, or 
ordinances, of which the Ten Commandments are a famil- 
iar illustration. In time these various regulations were 
compiled as codes or definitive bodies of laws, and were 
united together with little regard for chronology or sys- 
tem. The result is confusing and it is little wonder that 
a systematic study of these laws has been impossible to 
any but trained Bible students. Few, if any, attempts 
have been made to render these laws readily accessible by 
reducing them to proper order both chronological and logi- 
cal. The purpose of this book is to classify and arrange 
all the laws which constituted the Torah in accordance 
with the scheme of classification used in modern law 
books, whereby each topic or branch of the law is treated 
separately under appropriate subdivisions, and with all 
provisions relating to each subject grouped together. In 
this way the student has before him a complete analysis 
of the whole body of the Torah, into appropriate classes 
and divisions, such as the Eights and Privileges of Citi- 
zens, Courts and Legal Procedure, Domestic Relations, 
Laws of Inheritance, Laws Relating to Real Property, 
Criminal Law with its various branches. Religious Duties 
and Prohibitions, Humane Laws, and the large field of 
Ceremonial Law, including the various Feasts, Sacrifices, 
Law of Clean and Unclean, and Sacred Places and Per- 
sons. 

vii 



viii Preface 

Each of these classes is given a suitable analysis into 
its minor divisions, and every rule, command or law 
found in the Old Testament is grouped so as to furnish 
a complete picture of the law of ancient Israel on the 
particular subject. 

The plan used in law books has also been adopted of 
stating a proposition or rule of law and following it with 
the supporting citation or Biblical text. 

A constant comparison of the ancient Jewish law with 
modern statutes and codes will reveal a wonderful simi- 
larity in basic principles. The parallels are numerous 
and striking. A study of these cannot fail to be instruc- 
tive, and will reveal unlooked-for phases of that living, 
human story which has persisted in all races and ages of 
the world's history. 

Especial attention is directed to the Topical Index or 
Digest which is exhaustive of the various branches of the 
Law and which will furnish an invaluable key to sys- 
tematic study. The Law thus becomes readily available 
to the average reader and Sunday school scholar, as well 
as to theological students. To active ministers the book 
should prove a work of ready reference which will save 
much time and research. 

It is believed the plan outlined will remove many of 
the traditional difficulties in the study of Old Testament 
Law and make such study of intense interest and value. 

Mt, Pleasant, Iowa, September, 1922, 



CONTENTS 

PAGE 

Preface vii 

1. TopiCAi. Ii^DEx A-^B Digest .... 1 

2. Abbreviations Used 13 

3. Introduction^ 15 

A. The Study of Legal Origins. 

B. Kinds of Laws. 

C. Jewish Debt to Babylonian Laws. 

D. The Torah — Definition, History and 

Constituent Codes. 

1. The Book of the Covenant. 

2. The Deuteronomic Code. 

3. The Law of Holiness. 

4. The Priestly Code. 

5. Early Laws. 

6. The Code of Ezekiel. 

7. Later Laws. 

4. Old Testament Law, — Classification, Text 

AND Explanatory Notes .... 41 

5. Appendix 189 

A. Selected Bibliography. 

B. Important Dates. 

C. Suggestions to Teachers of Adult 

Bible Classes. 



IX 



3. 



4. 
5. 
6. 

7. 



TOPICAL INDEX AND DIGEST 

PUBLIC LAW 
A 

CIVIL GOVERNMENT 

Kinds of Government 



Historical Note. 


PAGB 

43 


(1) Patriarchal Age. 


43 


(2) Judges. 

(3) The Monarchy. 

(4) Priestly Government. 


43 
43 

44 


The Rulers of Israel. 


44 


(1) Power of husband and father. 


44 


(2) Power of Elders. 


45 


(3) Power of the King. 

(4) Power of Priests. 


45 
45 


Qualifications of Citizens. 
Native born. 


46 

46 


Naturalization of foreigners. 


46 


Laws Relating to Aliens. 


46 


Slaves and Slavery. Bondage. 
Inferior Officers. 


48 
51 


Taxation. 


52 



B 

MILITAET LAWS 

(1) Wars of Jehovah. 53 

(2) Age of Soldiers. 53 

1 



Old Testament Law for Bible Students 



(3) Exemption from Military Service. 

(4) Manner of Attack. 


PAGE 

53 
54 


(5) Captives. 

(6) Booty. 

(7) War Indemnity. 


55 
56 
56 





COURTS AIN^D LEGAL PROCEDURE 

Explanatory Note 



1. Courts. 


57 


A. 


Appointment of Judges. 


59 


B. 


System of Courts. 


63 


C. 


Trials. 


64 




(1) Court Procedtire. 


64 




(2) Witnesses and Evidence. 


66 


D. 


Judgments. Kinds of and by whom ren- 






dered. 


67 


E. 


Appeals. 


69 




(1) To Moses. 


69 




(2) To the Priests. 


69 




(3) To the King. 


70 




(4) To the Sanhedrin in later Times. 


70 


F. 


Lawyers. 






Scribes. 


70 


G. 


Instruction in the Law. 


71 


H. 


Damages. 


74 




For Maiming Person. 


75 




" Stealing. 


75 




" Kindling Fire Which Damages 






Property. 


75 




" Breach of Trust, Perjury, Kobbery, 


. 75 




" Killing Animal. 


75 




" For Animal Killing Animal. 


75 



3. 



Topical Index and Digest 


3 


For Stolen Bailment. 


PAGE 

76 


" Loss of Borrowed Property. 


76 


ouble Damages. 


76 


For Stealing. 
" Trespass. 
'' Breach of Trust. 


76 
76 
76 


PEIVATE LAW 




A 




CIVIL LAW 





Domestic Relations 



Marriage, Husband and Wife. Divorce. 


77 


(1) Marriage Relation Recognized. 


77 


(2) Polygamy. 


78 


(3) Marriage Forbidden. 


80 


1. As to Relationship. 


80 


2. With Aliens. 


80 


3. Priests. 


80 


Position of Wife That of Chattel. 




Divorce. 


80 


Permitted to Husband Only. 


80 


Parent and Child. 


81 


(1) Power of Parents. 


81 


(2) Duties of Children. 


82 


Master and Servant. 


82 


How Slaves were Obtained. 


82 


Redemption of. 


83 


Rights and Duties of. 


84 



Old Testament Law for Bible Students 
II 

PAGE 

Laws of Inheritance 85 

Wills. 8.7 

Only men could make. 87 

Power of Disposition of Property. 87 

Intestate Estates. Descent of Property to Heirs. 88 

Persons Who Were Heirs. 88 

Eules of Descent. 90 

What Property Could Be Inherited. 92 



III 

Laws Relating to Real Property 94 

1. Definition and Historical Note. 94 

2. Allotment of Canaan Among Jewish Tribes. 95 

3. Sale of Land — ^Law Against Perpetuities. 97 

4. Eedemption of Lands. 100 

In Year of Jubilee. 100 

By Whom Eedeemed. 100 

Amount Required to Redeem. 101 

5. Modes of Transfer and Recording. 101 

(1) Form of Deed. 103 

(2) (3) Delivery of Deed and Recording. 104 
(4) Mortgages. 104 

6. Sabbatical Year. 105 

Land Must Lie Fallow, 105 

7. Jubilee Year. 106 

Land to Lie Fallow. 106 

Redemption of Land in. 106 



Topical Index and Digest 5 
IV 

PAGE 

Personal Property 106 

1. Sale of. 107 

2. Mortgages and Pledges. 107 

3. Eedemption of. 109 

V 

Usury 109 

1. Forbidden Among Jews. 109 

2. Permitted to Foreigners. 110 

3. Penalty for Charging. 110 

4. Eate of Interest. 110 

VI 

Dehtor and Creditor 110 

1. Eolation Eecognized. 110 

2. Eelease of Debts — Year of Jubilee. 110 

3. Moratorium and Statute of Limitations. 112 

vn 

Miscellaneous Contracts 112 

VIII 

Damages for Breach of Contract 113 
(See Courts and Legal Procedure) 
B 

CEIMIKAL LAW 114 

1. Introductory Note. Crimes and Their Punish- 
ment 114 



6 Old Testament Law for Bible Students 

2. 



3. 



4. 



Crimes Against the Public. 


115 


1. 


Bribery. 


115 


2. 


Perjury. 


115 


3. 


Defiance of Law. 


J16 


4. 


Perverting and Obstructing Justice. 


116 


Crimes Against Morality. 


116 


1. 


Adultery. 


116 


2. 


Rape. 


117 


3. 


Prostitution. 


117 


4. 


Seduction. 


117 


5. 


Incest. 


117 


6. 


Woman Impure. 


lis 


7. 


Lying. 


118 


8. 


Covetousness. 


118 


9. 


Wearing Dress of Other Sex. 


118 


10. 


Indecent Assault. 


118 


11. 


Sodomy. 


118 


12. 


Bestiality. 


118 


Crime 


s Against Persons. 


118 


1. 


Murder. 


118 


2. 


Manslaughter. 


120 


3. 


Eape. 


120 


4. 


Seduction. 


120 


5. 


Assault. 


121 


6. 


Slander. 


121 


7. 


Kidnaping. 


121 


8. 


Using False Weights and Measures. 


121 


9. 


Selling into Slavery for Theft. 


121 


10. 


Miscellaneous Crimes, Punishable by 






Death. 


121 




(1) Cursing Father and Mother. 


121 




(2) Eebellious Son. 


122 




(3) Stealing and Selling Man. 


122 




(4) Death Caused by Unruly Animal. 


122 




(5) Sorcery. 


122 




(6) Familiar Spirits. 


122 



Topical Index and Digest 7 



PAGE 



(7) False Prophecy. 122 

(8) Apostasy. 123 

(9) Sacrificing to Other Gods. 123 

(10) Eef using to follow decision of 

Court. 123 

(11) Blasphemy. 123 

(12) Sabbath Desecration. 123 

(13) TJnchastity. 124 

5. Crimes Against Property. 124 

1. Theft. 124 

2. Burglary. 124 

3. Arson. 125 

4. Killing Beast. 125 

5. Eemoving Landmarks. 125 

6. Loss of Beast in Pit. 125 

7. Trespass. 125 

8. Ox Killing Ox. 125 

6. Crimes for Which No Punishment Was Inflicted. 12 6 

1. Destroying Eye of Servant. 126 

2. Ox Goring Man to Death. 126 

3. Killing Burglar. 126 

4. If Bailment Dies or Is Destroyed. 126 

5. Loss of Hired Property. 126 

7. Modes of Punishment. 126 

1. Lex Talionis. 126 

2. Burning. 127 

3. Mutilation. 127 

4. ^^Cutting Off from People." 127 

5. Hanging or Impaling. 127 

6. Stoning. 127 

7. Beating or Scourging. 128 

8. Banishment. 128 

9. Excommunication and Forfeiture. 128 

10. Imprisonment. 128 

11. Ordeal. 129 

12. Eestitution. 129 

13. Compensation or Damages. 129 



Old Testament Law for Bible Students 



8. Avenger of Blood. 


PAQB 

130 


9. Cities of Refuge. 


130 


(1) Appointment of. 


130 


(2) Purpose of. 


131 




RELIGIOUS LAW 


133 




Historical Note 


133 


1. National Duties and Prohibitions. 


133 


1. 


General Rules in Decalogue. 


135 


2. 


To Be a Holy Nation. 


135 


3. 


No Heathen Alliances Permitted. 


135 


4. 


The Golden Rule. 


135 


5. 


Apostasy and Idolatry. 


136 


6. 


Against Heathen Shrines. 


137 


Y. 


Sabbath Observance. 


137 


8. 


Blasphemy. 


138 


9. 


Desecration of Sacred Things. 


138 


10. 


Sorcery and Witchcraft. 


138 


11. 


False Prophecy. 


139 


12. 


Sacrifice of Children. 


139 


13. 


Punishment If Laws Are Not Observed. 


139 


2. Individual Conduct. 


140 


1. 


Love to God and Neighbor. 


140 


2. 


Reverence and Gratitude. 


140 


3. 


Covetousness. 


140 


4. 


Lying. 


140 


5. 


Cheating. 


140 


6. 


Honoring Parents. 


140 


Y. 


To Dedicate Pirst Born and First Fruits 






to Jehovah 


140 


8. 


To Act Justly. 


141 


9. 


To Follow the Law. 


141 


10. 


Not to Mingle Animals, Seed or Gar- 






ments. 


141 



11. To Wear Eeminders of the Law. 141 



Topical Index and Digest 



2. 



HUMAiq^E I^WS 


PAGE 

141 


Duties Toward Persons. 


142 


1. To Widows and Orphans. 


142 


2. To Neighbors. 


142 


3. To the Poor. 


142 


4. To Sojourners. 


142 


5. To the Needy and Defenseless. 


142 


6. To Slaves and Servants. 


142 


7. Eeverence for the Aged. 


142 


8. To Construct Battlement. 


142 


9. Gleanings. 


142 


10. Sharing Offerings. 


143 


Kindness to Animals. 


143 


1. Beasts of Burden. 


143 


2. The Threshing Ox. 


143 


3. Wild Animals. 


143 


4. Mother and Young. 


143 


5. Keturn of Strays. 


143 



CEEEMONIAL LAW 144 

Introductory Note 144 

A 

Jewish Feasts. 145 

1. The Sabbath. 145 

2. The Passover. 14G 

3. The Feast of Weeks or First Fruits. 150 

4. The Feast of Ingathering or Tabernacles. 150 

Booths 150 

5. The Sabbatical Tear. 151 

6. The New Moon. 151 

7. The Day of Atonement. 152 

8. Trumpets. 153 

9. Year of Jubilee. 153 



10 Old Testament Law for Bible Students 

B 



Sacrifices. 


PAGE 

154 


Introductory Note. 


154 


1. Kinds of Sacrificial Offerings. 


155 


A. Peace Offering. 


155 


B. Sin Offering. 


156 


C. Guilt Offering. 


157 


D. Leprosy Offering. 


158 


E. Burnt Offering. 


158 


F. Meal Offering. 


159 


2. Objects Used for Sacrifices. 


160 


A. Human Sacrifices. 


160 


B. Animal Sacrifices. 


162 


C. Cereals and Libations. 


163 


D. Sbew-bread. 


164 


E. Sacred Lamps and Incense. 


164 


3. Eitual of Sacrifice. 


165 


Introductory Note. 


165 


Ritual. 


165 


(1) For Sin Offerings. 


166 


(2) " Trespass Offerings. 


166 


(3) " Heave Offering. 


166 


(4) " Share of Priests. 


166 


(5) " Share of Levites. 


166 


(6) Full Ritual. 


166 


(7) Ritual for Day of Atonement. 


167 


c 

Tithes and Dues. 


168 


Historical Note. 


168 


(1) First Born Son. 


168 


(2) First Born of Flocks and Herds. 


169 


(3) Redemption of Above by Payment 


of 


Money. 


169 



Topical Index and Digest 


11 




PAGE 


(4) First Fruits. 


170 


(5) System of Tithing. 


170 


(6) Poll-Tax. 


171 


Things Vowed, Devoted or Sanctified. 


171 


Note. 


171 


Law of. 


172 


E 




Clean and Unclean. 


172 


Introductory 'Note. 


172 


1. Law Designating Clean and Unclean Objects. 


17.'i 


(1) Food. 


173 


(2) Torn or Dead Animals. 


173 


(3) Leavened Bread. 


174 


(4) Unleavened Bread. 


174 


(5) Fruit of Young Trees. 


174 


(6) Contact with Unclean Things. 


174 


(7) Contact with Spoils of War. 


174 


(8) As to Nazarites. 


175 


(9) By Touching Holy Things. 


175 


(10) Against Defiling for the Dead. 


175 


(11) By Priest. 


175 


2. Causes of Uncleanness. 


175 


(1) Loathsome diseases. 


175 


(2) Leprosy. 


175 


(3) Issue of Blood. 


175 


(4) Intercourse. 


175 


(5) Female Impurity. 


175 


(6) Childbirth. 


175 


3. Manner of Eestoring Ceremonial Cleanliness. 


175 


Note. 


175 


Eules. 


176 



12 Old Testament Law for Bible Students 

F 



Circumcision. 

Note. Origin and Eules. 

a 


PAGE 

176 
176 


Sacred Places. 

Note. 
1. Ancient Altars Commanded. 


177 
177 
179 


2. Ark of the Covenant. 
The Altar. 
The Mercy Seat. 
The Cherubim. 


180 
180 
180 
180 


3. The Tabernacle or Tent of the Meeting. 


180 


4. DiflFerent Sanctuaries Established. 


181 


5. Solomon's Temple. 

6. Ezekiel's Temple. 


182 
182 



Sacred Persons or Officials. 182 



(1) Priests, High Priests and Levites. 


183 


1. Appointment of Priests. 


183 


2. Their Consecration. 


183 


3. Appointment of Levites. 


183 


4. Their Consecration. 


184 


5. Ceremonial Cleanliness of. 


184 


6. Duties and Authority. 


184 


7. Support of. 


185 


(2) The High Priest. 


186 


A. Installation. 


186 


B. Clothing. 


187 


C. Ceremonial Cleanliness. 


187 


D. Duties. 


187 



ABBEEVIATIONS USED 

The American Revised Version (1901) is used for all 
references to the Old Testament. 

Gen. = Genesis. 
Ex. = Exodus. 
Lev. == Leviticus. 
Nu. = Numbers. 
Dt. = Deuteronomy. 
Jos. = Joshua. 
Ju. = Judges. 
S. or Sam. = Samuel. 
K. = Kings. 
Chr. = Chronicles. 
Neh. = Nehemiah. 
Ez. = Ezra. 
Ps. = Psalms. 
Pr. = Proverbs. 
Is. == Isaiah. 
Jer. = Jeremiah. 
Ezek. = Ezekiel. 
Am. = Amos. 
Mic. = Micah. 
Mac. = Maccabees. 



13 



INTKODUCTION 



THE STUDY OF LEGAL, ORIGIITS 

The study of a nation's history and traditions has 
always been regarded as of great significance. In an 
especial sense this truth is applicable to the study of legal 
origins. Cultural development and growth in the funda- 
mental ideas of justice and humanity are perhaps better 
illustrated in the laws of a people than in any other one 
thing. The genius of a people, their most intimate 
thought, their very life blood, are crystallized in their laws. 

The study of Israel's origins is not only interesting in 
itself, but these origins acquire an enhanced importance 
from the growth of religious ideas which they illustrate. 
How a small Semitic tribe through long wanderings in 
the desert and countless hardships developed the highest 
conception of God and the noblest religious literature of 
the ancient world is a strange and thrilling story, of the 
most absorbing interest. We find there the gradual growth 
of pure monotheism, the eloquence of prophets, the codes 
of law-givers, the persistent urge toward a nobler religious 
utterance, which cannot be matched in any other story, 
either ancient or modern. Our own religious notions are 
derived directly from this insignificant tribe in an obscure 
corner of the ancient civilized world. Surely we may 
study the early history of this race with profit. Many 
of our own laws no doubt had their remote progenitors 
in Judea. And the study of these historic foundations 
may, by proper methods of teaching, be made of absorbing 
interest to the youth who throng our schools. 

15 



16 Old Testament Law for Bible Students 

In recent years Archaeology has become one of the 
most important and valuable of sciences. Wonderful are 
the treasures unearthed by numerous expeditions which 
have been fitted out at great expense to explore the sites 
of buried cities. To these patient explorers nearly every 
country in the East has yielded its riches, and our knowl- 
edge of ancient life has been immeasurably increased in 
this way. The story of these expeditions and a description 
of the results obtained constitute one of the most fasci- 
nating chapters in modern scholarship. In many instances 
the Bible narrative has been corroborated by these newest 
of revelations. In nearly every case they are of the most 
absorbing interest to the student of history, throwing 
special light on the origin not only of laws, but of modes 
of thought and habits of living which afford us a fairly 
accurate knowledge of ancient life. 

Fresh proof has also been furnished by these studies 
of the way in which laws come into being. Instead of 
sudden revelations or the promulgation of fully developed 
codes they show us that laws have their evolution; they 
grow out of the soil of national conditions, both physical 
and racial, such as climate, geographical position, rain- 
fall, occupation and national temperament and ideals. 
These determine almost automatically the legal regula- 
tions which shall be established, and how these regula- 
tions shall change with changing conditions of national 
life. If a nation is largely agricultural the laws will 
relate chiefly to the tenure of land, its cultivation and the 
distribution of its products, and the contracts necessary 
to foster and encourage the tilling of the soil and xthe 
raising of domestic animals. Religious ceremonies will 
likewise relate largely to feasts of the seasons, deter- 
mined by crop periods, and astronomical occurrences. 

Such was the life of the ancient Jews. They were 
almost wholly nomads in their earlier history, farmers 
and herdsmen after they settled in Canaan. Both their 
laws and religion were determined by these facts, as the 



Legal Origins 17 

following pages will amply illustrate. The careful reader 
will also note, what indeed is inevitable, that the Jews 
had few laws relating to trade and commerce. The Jews 
were not a trading people and had little need for com- 
mercial or maritime law. They had no ships with which 
to trade with Alexandria or Tarshish; no caravans to 
cross the Syrian desert to Nineveh or Ur. Their habits 
of life were simple, their occupations few, their needs 
small. And their laws were an exact reflex of these 
dominant features in their national character and life. 

There is still another fact which should be observed 
by the student of history. Laws follow national develop- 
ment instead of preceding it. Laws grow out of the needs 
of a people; they are made -to preserve rights already 
acquired and to prevent new wrongs and injustice that 
may be devised. They cannot anticipate the direction or 
rate of growth of national needs. Rarely if ever has a 
ready-made code of laws been imposed upon a people by 
a higher power with any success. The complex conditions 
of society cannot be met by preconceived theories. Laws 
must follow the national consciousness and instinct, strug- 
gling as that instinct does with ever new conditions and 
unexpected wants. Laws thus enacted clothe a people 
as a garment and are necessarily and wisely conservative. 

Examine carefully Jewish law at any stage of the 
national history and you will know the conditions in 
which the Jews lived in the preceding age with almost 
the certainty of a mathematical demonstration. 

The Law, representing as it did the national ideals and 
instinct, and changing as it did with national needs, thus 
became the bond which held the Jewish race together 
as with bands of iron through all the varied centuries 
of national existence. 



18 Old Testament Law for Bible Students 

B 

KII^PS OF LAWS 

Suppose a new invention such as the aeroplane comes 
into existence. At once new problems arise for solution. 
Who may operate the new machines ? What rules shall 
regulate their passage over cities or the open fields? 
Who shall be held responsible for damage caused by col- 
lision or accident ? Out of these and other conditions 
there will gradually emerge certain rules for the safe 
operation of aeroplanes which in time will be crystallized 
into custom. In the legal conflicts that will inevitably 
follow the courts will recognize these customs so far as 
they are founded upon justice and new rules will be laid 
down in their decisions. These precedents will be fol- 
lowed by courts in other cases until they become the well- 
settled law. Some of these will be enacted into statute 
law by local legislatures, or the national law making 
power. Ultimately the whole body of decisions, customs 
and statutes will be arranged into an orderly system. 
This will constitute a code. In such a way have grown 
up the great codes which in modern times govern the 
most important operations of modern states. They rep- 
resent the final consensus of opinion of society on a given 
subject, its highest concept of right and justice. From 
facts to laws, this is the normal way in which society 
spins its laws out of its needs and conditions. 

This same process is apparent in ancient Israel. There 
are at least four distinct strata of laws visible in the 
Pentateuch. New conditions arose, new laws were framed 
and were gradually compiled into codes, to which a great 
sanction was devised and added, the authority of Moses. 
There must be from time to time re-codifications of the 
law, to embody changed conditions, to meet new require- 
ments, to eliminate contradictions, and to introduce har- 
mony in procedure as well as the letter of the Law. In 



Babylonian Sources 19 

modern states there is sometimes added to the foregoing 
a Constitution, an underlying body of fundamental law, 
deemed of such vital importance that change and amend- 
ment are made very difficult. 

Custom, precedent, statute, code, constitution, these are 
the various kinds of laws men have framed to protect 
them in their rights, and to redress or prevent wrong. 
The above is the order in which they are usually devel- 
oped. 

C 

JEWISH DEBT TO BABYLOl^IAlSr LAWS 



Recent archaeological discoveries have shown a remark- 
able similarity between the legal codes of the Babylonian 
Semites and those of the Semitic Hebrews. Abraham 
migrated from TJr about five hundred years after the Code 
of Hammurabi was promulgated. How much of Baby- 
lonian laws he took with him is purely conjectural. It 
is also unknown to what extent the occasional commerce 
between Babylonia and Palestine prior to the Babylonian 
captivity had taken over the ideas, customs and laws of 
the older civilization. Certain it is that a high civiliza- 
tion had developed in the valleys of the Euphrates and 
Tigris two or three thousand years before the Hebrews 
were anything more than a race of nomads, with no settled 
home, habits or laws. What has excited the curiosity of 
scholars has been certain similarities in the form of 
traditions and stories especially those of the Creation of 
Man, the Origin of Sin and the Deluge. 

There is a Babylonian story of Creation which fur- 
nishes a striking parallel to the Biblical story or rather 
stories of creation found in Genesis. Since the discovery 
of the former on cuneiform tablets in the library of 
Ashurbanipal in 1872 speculation has been rife among 



20 Old Testament Laiv for Bible Students 

scholars as to tlie dependence of one on tlie other. The 
cosmogonies of the two races as illustrated by these 
legends are almost identical, though differing much in 
detail. The resemblances are much more numerous and 
striking than the differences. The Babylonian tradition 
as embodied in the epic of Marduk and Ti-Amat is of 
course vastly more ancient than that of the Hebrews and 
it is almost a logical necessity to conclude that the latter 
was taken in its essential features from the former. How 
traditions traveled over the ancient Eastern world from 
one country to another is just beginning to be appreciated. 
There must have been a much more cosmopolitan ex- 
change of ideas and culture than their comparative isola- 
tion has heretofore led us to believe. Oral tradition, the 
intellectual vehicle in oriental countries, preserves knowl- 
edge from generation to generation, and is persistently long 
lived in countries where written language is confined to 
the few, and where the conflicting interests of a complex 
civilization are unknown. 

The Gilgamesh epic is another famous story which 
dates at least as far back as 3000 B. C. It is a legend 
of a great flood which destroyed most of the human race 
but from which TJt-lSrapishtim, the ancestor of Gilgamesh, 
was saved by building a ship into which he took all his 
possessions and seed of life of every kind. After seven 
days the rains ceased, the ship grounded, a dove was sent 
out to find land, and finally all the animals were landed, 
and Bel the great god was pacified and made a covenant 
with the race of men. The resemblance to the Bible story 
is so marked in all its details that it is highly probable 
that the Babylonian legend persisted through centuries of 
oral repetition and was adopted by the authors of Genesis. 

There is little external evidence of any direct transfer 
of ideas, culture or laws in the early days of the Hebrew 
occupation of Canaan. But the internal evidence in the 
matter of laws of a common origin of Jewish and Baby- 
lonian law is such as to provoke the serious attention 



Babylonian Sources 21 

of scholars. Differences there were in racial temperament, 
conditions and environment. Yet the laws of the two 
countries developed many of the same ideas as to the 
rights of property, modes of punishment, and regulations 
for the conduct of business. It seems reasonable to infer 
the Jews borrowed from the older and more highly de- 
veloped civilization. Possibly their borrowings came 
through the medium of the Canaanites — the inhabitants 
of Palestine at the time of the Jewish invasion. The 
whole story of the debt of Israel to Babylonia in laws, 
traditions and religious ideas is a most fascinating one 
which cannot be discussed fully within the limits of this 
work. 

When Palestine was overrun by Assyrian and Baby- 
lonian and Persian conquerors the Jews came under the 
direct and powerful influence of these higher civilizations. 
The later Jewish Codes were affected greatly by this con- 
tact in at least two ways. One was by direct comparison 
and imitation. The other was the result of the national 
tragedy, the intensification of the racial self -consciousness, 
and emphasis upon a spiritual career for a people who 
had lost their political independence. 

Jewish laws as found in the Pentateuch bear incon- 
trovertible internal evidence of evolution almost untouched 
by outside influences prior to this period of exile. The 
ear-marks of this evolution are plainly visible. The laws 
are such as would be naturally adapted to a primitive 
agricultural society, and primitive conceptions of religious 
truth. There is a gradual development of laws showing 
a more and more advanced state of social evolution. Re- 
ligious conceptions too become more exalted, owing largely 
to the impassioned preaching of the prophets, a wonder- 
ful religious literature springs into existence, the lofty 
idea of Monotheism becomes flrmly established. These 
religious conceptions of the prophets and this religious 
literature show but little evidence of any imported in- 
fluence. They are characteristic of Jewish genius and 



22 Old Testament Law for Bible Students 

peculiarly adapted to the circumstances under which the 
Jews lived. They display an instinct for religion, what- 
ever may be the explanation of that f act, and the intense 
devotion of the Hebrews to religious ideals gave color and 
direction to their whole subsequent history. 



The Code of Hammurabi above referred to is the oldest 
known code of laws, dating from the reign of that great 
monarch about 2100 B. 0. Kecent translations of the 
inscriptions on clay tablets found in Babylonian mounds 
indicate still older laws, probably those out of which the 
Hammurabic code was compiled. An ancient civilization, 
that of the Sumerians, the earliest known inhabitants 
of the great valley of the Euphrates, has been discovered, 
a civilization dating back to 5000 or 6000 years B. C. 
But little is known of their legal systems. It is probable, 
however, that the Babylonians inherited from the Su- 
merians some of their customs, religious concepts, perhaps 
legal institutions. A prominent feature of the Hammu- 
rabic Code is quite apparent. It indicates a commercial 
civilization. There were merchants and traders, notaries, 
lawyers, judges, a commercial code, laws relating to in- 
terest, rents, lands, servants. It discloses also a material 
civilization. And this is true despite the fact that there 
were some evidences of a high standard for that day of 
morals and ethics relating to marriage and divorce, the 
rights of women, of foreigners and slaves. Religious con- 
ceptions of course were primitive as viewed in the light 
of to-day. And yet Babylonian gods were represented as 
favoring justice and as demanding of rulers kindness to 
their subjects. On the whole a much higher level of 
civilization and a much more complex organization of 
society are illustrated by the Hammurabic Code than by 
the corresponding legislation of the Hebrews, always bear- 
ing in mind the nobler conceptions of the latter as to the 



Code of Hammurabi 23 

nature of Jehovah and his relation to his human creatures. 

3 

One of the distinctions to be noted between Babylonian 
and Jewish law is that the former was almost wholly 
secular, while the latter soon engaged itself with humane 
and religious conceptions. Indeed the Code of Ham- 
murabi related largely to trade and commerce, and hence 
had much to do with real and personal property, con- 
tracts, prices of commodities, rules for the sale and ex- 
change of goods, leases of land, prices of labor, interest, 
bailments, and cost of transporting merchandise, all of 
which were minutely regulated by law. It also included 
injuries to property and those criminal offenses that arose 
out of this intense commercial life, such as theft, robbery, 
embezzlement, cheating and fraud of various kinds. Do- 
mestic relations were regulated in accordance with the 
moral standards in force in this prosperous and opulent 
community. There were almost no laws involving moral 
or humane conceptions. It was left to the Jews to leave 
the customary path of laws relating only to property and 
crimes, and introduce the human element into their legal 
systems. Indeed it may be regarded as the chief distin- 
guishing mark as it is the peculiar glory of the Jewish 
race to place the emphasis of the law upon persons rather 
than property. 

Commercial activity produces definite and precise laws 
regulating trade usages and conditions. Written contracts 
contained the record of commercial transactions and thou- 
sands of clay tablets, discovered in buried libraries, pal- 
aces and temples in Babylonia, exhibit a complex civiliza- 
tion and a highly developed legal system. The "law 
merchant" became the basis of the commercial law of 
England and America; in like manner the customs of 
merchants and shippers in Babylonia were crystallized in 
that code of Hammurabi which is one of the most splendid 



24 Old Testament Law for Bible Students 

and illuminating pages that have been preserved for us 
out of the night of ancient history.^ 



D 

THE TORAII 

Definition^ History and Constituent Codes 

The Old Testament consists of three great parts or 
divisions — the Law, the Prophets, and the Wisdom Writ- 
ings or Hagiographa. These were united in their present 
form about 90 to 100 A. D. The first of these divisions, 
the Torah, is for the Jews the most sacred, the very heart 
and essence of the Old Testament. Wherever the Law is 
spoken of either in the old or new Testaments, the Torah 
is meant. It was the Torah which according to tradition 
was given to Moses amid the thunders and lightnings of 
Sinai. It was the Torah to which Christ had reference 
when he spoke of the law as handed down by Moses. The 
{Torah contained the moral rules of conduct and the re- 
Nigious ceremonial which all Jews must observe, as well 
as civil and criminal regulations. And it was the Torah 
which gave rise to the different schools of interpretation, 
and the great body of comment and decisions known as 
the Talmud. 

The Law is not a single Code, but is made up of mis- 
cellaneous statutes and of several codes formulated at dif- 
ferent times under varying conditions. There is little 
doubt that the Pentateuch was edited by later redactors 
who took existing laws and arranged them in their pres- 
ent order. The process was sometimes unskillfully done 
and the result is a mass of material with little coherence 
or unity. When the various laws are dug out of the 
quarries of narrative, of repetition, of allegory and tra- 

1 For a further study of Babylonian law see John's translation 
of the Code of Hammurabi. 



The Torah 25 

dition in which they are embedded they reveal diflFerent 
strata, each of which has its own unity of structure and 
purpose. 

During all the period when these laws were formulated 
the Jews were essentially a theocracy. We must not ex- 
pect to find in the Torah a complete code of civil and 
criminal laws in the modern sense of the term. Most 
Jewish laws were religious in their character. Civil gov- 
ernment as understood at present was almost unknown. 
There was no specially constituted legislative body as in 
modern states chosen for the sole purpose of making laws. 
Legislative, judicial and executive power were all lodged 
in the same persons. The Jews were a primitive people 
with little or no commerce, with no large cities, but little 
accumulated wealth, and with the transfer of land on any 
considerable scale prohibited by law. JSTo scheme of classi- 
fication such as is used in modern times is exactly appli- 
cable to the Jewish system of laws. Scholars are able to 
point out in different parts of the Pentateuch various 
bodies of laws each of which had in its time an inde- 
pendent existence, and which developed under different 
conditions in various periods of Jewish history. Clearly 
marked these are, their boundary lines being for the most 
part easily distinguishable. The idea of uniformity which 
once prevailed as to the Bible story has been dissipated 
by the results of modern Biblical scholarship. 

These various bodies of laws were not codified by a 
commission of experts. The fact that laws are repeated 
in the different codes proves they were not formulated 
by a single lawgiver. Often there are contradictions, as 
for instance where various places of sacrifice are com- 
manded as in Ex. 20 ^ and at Jerusalem only as in Dt. 12. 
No copies of the laws were at first made; they consisted 
of oral decisions and precepts, handed down from one 
generation to the next. Later they were committed to 

writing, probably on tables of stone. Ex. 24 *, 31 ^^, 32 ^*, 
34 2r.28. 



26 Old Testament Law for Bible Students 

The Deuteronomic Code was compiled or at least writ- 
ten down in its present form about 621 B. C, the Priestly 
Code in the fifth century B. C. The first legislation is 
probably found in Ex. 18 ^^'^^^ where according to tradition 
Moses found it necessary to formulate rules for the de- 
cision of disputed questions^ and to appoint stated per- 
sons to whom such questions could be submitted. Ex. 
18 ''■^' ""' ""' This is undoubtedly the foundation of He- 
brew Law. Decisions made in this way really constituted 
legislation, there being no other authority to make rules 
for the guidance of the people. The precedent of judicial 
decisions crystallizing into a great body of positive law 
finds a signal modern illustration in the common law of 
England, which had its origin in the decisions of the 
courts, but which has all the force and authority of laws 
expressly enacted by Parliament, in the particular fields 
in which it is applicable. 

There is another consideration that must be kept con- 
stantly in mind. As each new code was formulated its 
compilers gave it vast authority by ascribing it to Moses. 
This constant reference of new regulations to Moses is 
everywhere visible. Without the sanction of his name the 
laws would have had but little force. It was difficult even 
by the help of his overshadowing authority to secure their 
observance. Very often the Jews were called a stiff-necked 
and rebellious people. This does not mean of course that 
all Jewish law came into being after Moses had died. 
No doubt there were many primitive regulations that had 
their origin during the wanderings in the desert, when 
Moses was their leader and lawgiver. We may look here 
for the germ of later codes. Perhaps the central core of 
the Ten Commandments came out of the intense experi- 
ence of their early travails and misfortunes. The law 
of retaliation was no doubt then in actual use. Some 
primitive civil regulations may have developed. But the 
elaboration of these into code and established doctrine 
could happen only after later experiences and more com- 



/• E. C. D. H. P. 27 

plex conditions of life and environment. It must be re- 
membered too that anthropomorphic ideas were common 
among the Jews in their earliest period. Jehovah was 
to them a big, glorified person, having many of the human 
instincts, passions, impulses. He loved his people and 
hated their enemies. The Israelites were his chosen peo- 
ple. When he spoke to them it was with visible presence, 
an audible voice, lightnings and thunderings, tables of 
stone. They were impressed by his awful majesty, which 
was real to them only when accompanied by these material 
manifestations of his power and presence. 

In the light of the foregoing considerations the Jewish 
laws should be studied. We may establish a correct chro- 
nology of the various codes, study their real content, learn 
of the conditions under which they were formulated, and 
thus obtain a true picture of their meaning and worth 
to us. Let us proceed in this spirit with the study of 
these individual codes. 

Constituent Elements of the Torah and Their 
Designations 

We shall refer frequently to the letters J.E.C.D.H. and 
P. An explanation of these is necessary. 

Scholars have long recognized that the Pentateuch is 
not a literary unit but is made up of various elements 
which were united by later editors into its present form. 
Higher Criticism has studied this part of the Old Testa- 
ment exhaustively and has reached conclusions that are 
fairly harmonious and generally accepted. It is agreed 
for instance that there is a stream of narrative or history 
running through the Pentateuch, which has well defined 
characteristics as a rule easily recognized, and which habit- 
ually uses the term Jehovah to designate God. This con- 
stituent element is by common consent represented by the 
letter J. Parallel to this and united with it to make up 



28 Old Testament Law for Bible Students 

the present form of the historic narrative is another ele- 
ment characterized by the use of the term Elohim and 
hence designated as E. These were united by a later editor 
into those portions of the Pentateuch known as JE. There 
came much later an addition of priestly narrative, for the 
most part easily distinguishable, designated as the Priest's 
Code by the letter P. Into these welded narratives were 
thrown certain more or less homogeneous bodies of laws 
known respectively as C, D, and H. These are explained 
fully in subsequent sections. As a convenient summary 
of these elements we submit the following tables taken 
from Driver, which represent better perhaps than any 
other the deliberate judgment of scholars as to the make- 
up of the Tor ah. ^ 



Genesis 2 *^ to 3 '\ 4 '-'\ 5 '\ 6 '-'' '-\ 7 '■'' ™ ''' ^^^"^^^^ ^^-^' 

o 2b-3a, 6-12, 13b, 20-22 q 18-27 -i A 8-19, 21, 24-30 -i -j 1-9, 28-30 -j q l-4a, 6-20 

-1 Q 1-5, 7-lla, 12b, 13-18 -| g lb-2,'4-14 1 Q 1 4-^ 1 Q 28, 30-38 qI la-2a, 33 OO l^'^^' 

20-24 04 AU 05 1-6, lib, 18, 21-26, 27-34 Qg 1-1*. 16-17, 19-33 07 1-^5 QQ 10» 13-16, 

19 OQ 2-14, 31-35 OA3b-5, 7, 9-16, 20b, 22b, 24 to o-< 1, 3, 46, 48-50 oo 3-13a, 22, 24-32 

00 1-17 04 2b-3, 5, 7, 11, 12, 19, 25, 26, 30, 31 o p^ 14, 21, 22a 07 12-18, 21, 25-27, 

28b, 31-55^ ^38^ (,39^ 4238.4434^ 46'M7*' ^ 47 ''■''' ''^' ''-'\ 

40 lb to 28a gQ 1-11, 14 

Exodus 1 ^' ^■■^^' ^^^' ^^'^^ S ^■*^' ^' ^'^' ^^'^^ 4 ^'^^ 4 ^^"^^^' ^^'^^' ^"^^ 

p' 3, 5-23 g 1 tr 14-15a, 16, 17, 18, 20c-21a H 2Z-25 o 1-4, 8-15a, 20-32 q 1-7, 13-21, 
23b, 24b, 25b-34 -1 rv 1-11 -j a 13b, 14b-15a, 15c-19, 24-26, 28-29 -| "j 4-8 -jO 29f -10 3-16, 
21f -145-7, 10a, 11-14, 19b-20, 21b, 24-25, 27b, 30-31 -j k 22-27 i g 4-5, -<g 25-30 
-1 7 lb-2, 7 -1 Q 3b-9, llb-13, 18, 20-25 04I-2, 9-11 25-34 QQ 1-4, 12-23 
34 1-4, 5-28! 

Numbers 10 ''-'\ 12 ''' 

1 These citations are from Driver's Introduction to the Literature 
of the Old Testament, by permission of the publishers, Charles 
Scribner's Sons, New York. 



J. E. C. D. H. P. 29 

"E" 
Genesis 15 ^'"^^'^^ 20^"", 21'-^' ^'^ 22 ^■^*- ^ 28"' ^' "• 

18, 20-22 OQ 1. 15-23, 25-28, 30 on l-3a, 6, 8 qq 17-20a, 20c-22b. 23 o-< 2, 4-18a. 

19-45, 47, 51 to QO 2, 13b-21, 23 oo 18b-20, Q K 1-8. 16-20 o^ 2b, 3-11, 19-20, 22-24, 

28a, 28a-30-36^ ^^q^ ^ ^-^ 1-4^5, 45-57^ ^g ^"^^^ 45 '-46 '' '\ 48 '' '' ^-^, 
48 15-26. 

Fxodiis 1 '^"^°^* ^"^ 2 ''■^* S '' *^' ^' ^'■^^' "^^"^ 4 '^""^^ 4 ^^^'^'' ^"^ 

?^ 1-2, 4 /T 15b, 17, 20b q 22-23a, 24a, 25a, 35 -j rv 12-13a, 14a. 15b, 20, 21-23, 27 

11 1-3 1 o 31-36, 37b-39, 42a io 17-19 i^ 10b, 19a 1^(1-18. 20-21 i /r 3"^' ^'^^ 

1 o chapter i q 2b, 3a i q lO-Ua, 14-17, 19 OA 1-21 qq 22_oo 33 qa 3-8, 12-14, 
18b oi 18b oo 1-8, 15-24, 35 oo 5-6, 7-11. 

Numbers 11 '"^ 12 '-'^• 

Exodus 12 ^-^ 13'-'^ 32^-''- 

Numbers 11 '"^^ 13-14, 16, 20'-'^' ''■'', 21'"^' '-'' ''-'', 
o-j^ 21-32 22 ^-24 ^ 25 '"'" 

Deuteronomy' 27"% 31 ""i^- ^, 33, 34^"- i^"'^' '• "• 



Genesis 1 to 2 ^% 5 i"^' ^"'^^ 6 '-^, 7 •=• "' ''-'''■ ""' ''■'^- ^ 

o l-2a, 3b-5, 13a, 14-19 q 1-17, 28-29 i q 1-7, 20, 22-23, 31-32, i i 10-26, 27, 31-32 

12 *^^ 13 '' ''^' '^ 16 ''' '' '"-'^ ir, 19 ^, 21 '^' '^-^ 23, 25 '"''"' 
12-17, 19-20, 26b^ ^Q3i-z5^ 27*' to 28 ^ 29^' '^ 31 '^ 33 '% 34'-'^' 

4, 6, 8-10, 13-18, 20-24, 25, 27-29 0^9-13, 15, 22b-29 on o^ l-2a 4I 46 4(:» 6-27 
Afj 5-6a, 7-11, 27b-28 An 3-6, 7 4Q la, 28b-33 ka 12-13. 

Exodus 1 '■^' ^' ■^^'"^* 2 ^^"^ 6 ^-7 '^' ■^^'^^^' ^^"^ 8 ^■^' "^^^'^ 

A 8-12 11 9-10 1 o 1-20, 28, 37a, 40-41, 43-51 i o 1-2, 20 -iA 1-4, 8-9, 15-18, 21a, 
21C-23, 26-27a, 28a, 29 1 f^ 1-3, 6-24, 31-36 1 ^ 1^ 1 Q l-2a oj^ 15-18a OP( l_Qi 18a 
3^29-35^ 35-40/ 

Leviticus, Cb. 1-16 (Ch. 17-26), Cb. 27. 

Numbers 1 '-10 ''' ^ 13'"'^^' ''' ^-^^' ''% W'"' "-'' ''' ""-''' 

34-38 -iK 1 fi ■'*' ^^''^- (^'^"U'' (16-17). 18-24, 27a, 32b, 35, (36-40), 41-50 pi^ 

17-19, 20 ^^' '' '^-*' '-''- ^^, 21 '^- "-^ 22 % 25 '-'', Ch. 26-31^ 

3218-19, 28-32^ Q^ 33.3g_ 

Deuteronomy 1 \ 32 *'-=^ 34 1»' '"■ '^- «-'• 



30 Old Testament Law for Bible Students 

Deuteronomy l^-\ l*-3 ", 3"-", 3^U^, 4^-^i' ^"»' *^-*'- 
•"», 5^-26", 27"' ^'' '■"■ '"'• '"■"", eh. 28, 29 ^-«' i""^, 

O A 1-10, 11-20 oi 1-13, (16-22), 24-27, 28-30 /QOI-^SN M, 45-47 o^ 11-12. 

"C" 

Exodus 20 ^ to 23 ^• 

"H" 
Leviticus 17-26. 



The Boole of the Covenant 

Exodus 20 ^ to 23 ^' 
Date about 800 B. C. 

Hereafter in this volume the Book of the Covenant will 
be cited as C. 

The oldest written Jewish law is probably that found 
in Exodus 34 ^' *' ^' ^. It was a covenant between Jehovah 
and Israel. In Exodus 34 ^^'^ we find the original form 
of the Ten Words which later became the familiar Deca- 
logue. These became the core and essence of the Torah. 
In addition there were scattering regulations and decisions 
applicable to the primitive conditions of the times. At 
last these were gathered together into a code, the earliest 
compiled body of the Jewish law, about the year 800 B. C. 
This is called the Book of the Covenant, which is found 
in Exodus 20 ^ to 23 ^. It immediately follows the Dec- 
alogue in the later edition named Exodus, and was so 
called because thus designated in Exodus 24 ^ 

The Book of the Covenant originally consisted of oral 
decisions and regulations, which were later written down, 
and became legal precedents and served as a handbook for 
judges. It presumes a primitive state of society in which 
agriculture was the principal occupation. The principles 
of justice in civil and criminal cases were quite simple, 
and religious conceptions were crude and undeveloped. 

Even here, however, we note some refinements in legal 
classification, and in the various classes of crimes. The 
distinction between different degrees of murder, Exodus 

31 



32 Old Testament Law for Bible Students 

21 ^^■■^*, is identical in principle with that of modern codes. 
A few citations will illustrate the fact that the more 
common crimes were well recognized and provisions made 
for their punishment, while the more subtle refinements 
and distinctions of modern times were unknown. 

Injuries not resulting in death. . Exodus 21 ^^'^^ 

Injuries to cattle " 21 ^'^^ 

Theft " 22^-^ 

Arson " 22 ^ 

Breach of trust " 22 '■'' 

Seduction " 22 ''-'' 

Witchcraft '' 22'' 

Practically all of civil and criminal law was embodied 
under two headings — retaliation, and pecuniary compen- 
sation. The Book of the Covenant contains no elements 
of commercial law. 



The Book of the Law, or The Deuteronomic Code 

Deuteronomy 5-11, 12-26 and other parts of Deuteronomy 

Date 621 B. C. 

(Cited as D) 

Jewish worship throughout its whole history was based 
upon sacrifice. Jehovah's favor must be courted and his 
wrath appeased by the sacrifice of something of great value 
to the worshiper, the firstlings of his flocks and herds, 
the finest of his fruits and grains. In the early days 
there were ^^high places'' in every commimity, usually 
the summits of hills, where Jehovah had ^^set his name," 
where these sacrifices might be offered. At first the 
worshiper himself might kill the victim and offer the 
oblation. Upon the altars of Jehovah smoked the victims 
of countless sacrifices. Later the ceremonial was per- 



Booh of the Law 33 

formed by priests and the ^^high places" became estab- 
lished altars. In the reign of Josiah (639-600 B. C.) 
the abuses of this system of worship became intolerable. 
The high places became the scenes of the grossest im- 
morality. All kinds of idolatry were practiced, and per- 
sonal uncleanness abounded. The local priests were un- 
able or unwilling to check the abuses. It was to meet 
this serious situation that the entire body of Israel's laws 
was collected into a code. In solemn manner it was an- 
nounced to the people that the ^^Book of the Law" had 
been discovered while making repairs in the temple, 
2 Kings 22, and that it dated back to Moses. This Book 
of the Law, it has been agreed by practically all scholars 
since Jerome, is the Deuteronomic Code, found in chap- 
ters 5 to 11 and 12 to 26 of Deuteronomy. It com- 
manded the complete destruction of the old altars and 
sacred places scattered through Palestine. All worship 
was hereafter centered in the temple at Jerusalem. This 
made worship difficult and expensive to the common peo- 
ple, but it had the effect of doing away with many of 
the abuses that could be cured only by this drastic re- 
form. 

Henceforth the story of Jewish worship and culture 
centers in the temple. An elaborate ritual was the in- 
evitable consequence. An extensive organization of 
priests, Levites and helpers sprang up at Jerusalem. All 
power and authority were vested in the priesthood, both 
religious and civil, and all the currents of Jewish life 
were reversed. 

D, as the Deuteronomic Code will hereafter be referred 
to was an expansion of JE which was not yet united to 
P, and was undoubtedly a re-codification of all laws in 
force up to that time, including those in the Book of 
the Covenant. In this respect it may be compared to 
the Code of Justinian which summarized and codified all 
Roman law up to that time, and to the Code Napoleon, 
that splendid remolding of French law which constitutes 



34 Old Testament Lam for Bible Students 

one of the noblest monuments to the genius whose fame 
rests chiefly on his military exploits. 

D presupposes a much higher civilization than that ex- 
hibited by 0. Society was more highly developed, and 
new problems called for special laws. It also displays 
a much higher moral sense than C. It is written with 
a lofty eloquence which distinguishes it above most other 
parts of the Pentateuch. It emphasizes life and conduct 
rather than mere formal acts of sacrifice. It lays stress 
upon ethical ideas, and humane sentiments are common. 
In some of its provisions it contradicts, or at least sup- 
plants C. The latter, Exodus 20 ^, commands the erection 
of altars at various places. D centers all religious func- 
tions at Jerusalem. It was not the work of a jurist, but 
a prophet. Very justly D may be regarded as being the 
high water-mark of ancient law, superior in its religious 
and humane conceptions, not only to all former Jewish 
law, but to the laws of any other ancient peoples of that 
period. Some scholars, including Jewish, assert there was 
a D ' which added Deuteronomy 27, 29 '°-^, 30 ^-'' and 
parts of Deuteronomy 29 and 34. The essence of the law 
is in Deuteronomy 12-2 Q inclusive. 



The Law of Holiness 

Leviticus 17-26 

Date about 600 B. C. 

(Cited as H) 

This code according to some writers was compiled by 
Ezekiel, though Driver ^ dissents from this view. 

It contains but little civil or criminal law, but relates 
chiefly to moral and ceremonial law. It does contain, 

1 Driver's Introduction to the Literature of the Old Testament, 
page 148. 



The Priestly Code 35 

however, humane sentiments. It emphasizes the idea of 
sin in its personal aspect, whereas before sin had been 
regarded chiefly as social or tribal. In the earlier periods 
of Jewish history when a crime was committed the whole 
tribe must suffer and make expiation. This was the in- 
evitable result of a state of society where the family 
was the unit, and where individuals were of value only 
as members of the family or tribe. The idea that sin 
was personal was a distinct advance on former theories. 
Its appeal to conscience is new in Jewish experience. The 
nearest approach perhaps in the whole Pentateuch to the 
lofty spiritual ideals of Jesus is found in Leviticus 19 ^^, 
^^Thou shalt love thy neighbor as thyself." 

That H constituted an independent code see Leviticus 
26 *l 



The Priestly Code 

Date 444 B. C. 

Ex. 25-31 '% 35-40 

Leviticus 1-16. 27 

Parts of Genesis and JSTumbers 

(Cited as P) 

The Priestly Code was no doubt compiled in its present 
form about 500 B. C. during and shortly after the Baby- 
lonian Captivity. It was read by Ezra to the people in 
444 B. C, Neh. 12 ^'^, and marks definitely the trans- 
formation of the Jewish race into a Jewish church. The 
political independence of Israel had been utterly de- 
stroyed and her principal men had been in exile in Baby- 
lon for two generations. The old idea of temporal power 
had to be abandoned. In its place was developed the 
conception of the spiritual mission of the Jewish people. 
The Priestly Code was well adapted to foster this con- 
ception and to hasten the process of transformation. 



36 Old Testament Law for Bible Students 

The churcli must now have an elaborate ritual. The 
Temple at Jerusalem became the absolute center of Jew- 
ish religious life and its accompanying ceremonies. The 
rules for sacrifices, for tithes, the law of clean and unclean, 
the sacred dues, and various ceremonies to atone for the 
sins of the people, constitute the bulk of this code. Its 
minute regulations, however, of the daily life of the 
Hebrews tended to formalism and hypocrisy, which grad- 
ually hardened into mere ceremonialism in which morals 
were too often relegated to the background and conduct 
was obscured by ritual. 

P was accepted as authoritative as early as 250 B. C. 
Some of P is pre-exilic in origin. Its elaboration came 
later in the great Code. Sometimes it contradicts D, 
usually it supplements it. Its purpose was to stamp 
individuality on the Jewish race and its religion. Hence 
the emphasis on sin, the need of purification. To accom- 
plish the latter an elaborate ritual was devised. It was 
collected in small codes, and these compiled some time 
after Nehemiah. 

A brief comparison of D and P will be found profitable. 

D commands the establish- P presupposes this sanctu- 
ment of a central sanctu- ary as already existing. 
ary at Jerusalem. 

D states the priests be- P says they were of the f am- 

longed to the tribe of ily of Aaron and makes 

Levi and that all Levites a sharp distinction be- 

exercised priestly func- tween priests and Levites. 
tions. 

D prescribes three agricult- P prescribes six. 
ural feasts. 



Early Laws 37 

the tittii 
lood sha 
vegetables. 



D orders tliat the tithes for P orders they shall be of 
the priesthood shall be the flocks and herds. 



P has a loftier conception 
of the Deity. It de- 
scribes the origins of 
Israel's institutions, some 
of which were unknown 
before the Exile, and 
which demonstrates that 
P also was unknown prior 
to that time. 



5 

Early Laws 

Our study in the following pages embraces primarily 
only the statutes and codes gathered up into the Torah, 
at the time of the closing of the legal canon. Many 
references to the Law are found in the prophets and 
other parts of the Old Testament. These did not have 
the same binding force and did not command the rev- 
erence and respect which the Jews entertained for the 
Law itself. Wherever these statements of the law are of 
especial interest or importance they have been cited in 
their appropriate places. No attempt has been made, for 
the obvious reason above referred to, to include all the in- 
stances where laws have been cited or prescribed in the 
histories, prophecies, or wisdom writings of the Old Tes- 
tament. 

The foregoing codes do not by any means include all 
of Israel's laws. Scattered throughout the Pentateuch 
are many ordinances, either single or in small groups, 
which went to make up the Torah. These are included 
in our study but are difficult to classify and in most 
instances it is impossible to assign a true date or author- 



38 Old Testament Law for Bible Students 

ship. The internal evidence very often is all we have 
to go by. The practical difficulty in conforming to our 
plan of showing chronological development so far as may 
be done, is therefore apparent. When possible these are 
referred to their true place in the legal canon, by proper 
designation. In most instances no dating or other data 
can be furnished. 

We have had to be content to designate those laws 
which can be traced back of the specific groups known 
as Codes, as Early Laws. Generally speaking, this means 
before 800 B. C, although many single laws were formu- 
lated, or at least written down and announced, at much 
later dates. 

6 

Code of Ezekiel 

Ezekiel 40-48 
Date 572 B. 0. 

This is a theoretical code formulated by the prophet 
Ezekiel 572 B. C, while in captivity in Babylon. It 
was never adopted by the Jews and its value is chiefly 
historical and illustrative. Coming as it did between 
D and P, it bridges the intellectual gulf between the two 
and furnishes us data as to the processes of legislation 
that were going on. For the reason that it was a paper 
code only, not regarded as binding in any legal sense, no 
extended analysis of it is attempted. 

7 

Later Laws 

The Captivity in Babylon exercised a profound influ- 
ence, not only over the Jewish national life, but their 
ways of thinking and individual modes of life. What 
more rational conclusion to the proud but tortured race 



Later Laws 39 

than that they had incurred the deep displeasure of 
Yahweh? And, casting about for some means to regain 
his lost favor, what offered greater promise of success 
than strict observance of the rites which priests claimed 
Yahweh had commanded? A Sabbath devoted solely to 
worship, a Day of Atonement in which the national soul 
profoundly humbled itself, were fruits of the tragic ex- 
periences through which they had passed. The priestly 
laws reflect the great change in which sacrifice became 
central, instead of the lofty ethical exhortations of the 
prophets. 

But even the code of 444 B. C. known as P did not 
answer all perplexing questions or accomplish the desired 
result. To meet new conditions new laws were adopted 
from time to time, were announced to the people, and 
in time took their place in the sacred volume of the 
Torah. By 250 B. C. most of the present Law was defi- 
nitely compiled and accepted as authority. These later 
laws did not constitute any definite body of ordinances 
which could be called a code. They are cited, however, 
to show the latest development of that entire system of 
statutes, ordinances, decisions and judgments which col- 
lectively form the Torah, the great Law Book of Israel. 

8 

A general glance at these various codes and their 
chronology convinces us that the Law was much less 
ancient than has been popularly supposed. Instead of 
having its origin in Moses in 1300 B. C. only a law here 
and there of the most rudimentary type can be traced 
so far back. Some of them date as late as 250 B. 0. The 
great bulk of them came into existence between 800 and 
400 B. C, at least so far as their present written form 
is concerned. Without these facts constantly in mind 
no study of Old Testament Law can be accurate or com- 
plete. 



40 Old Testament Law for Bible Students 

9 

Summary 

By way of summary we may say that the Pentateuch 
is made up of (1) two streams of narrative or history, 
that in which the term Yahweh is used and hence is des- 
ignated as J, and that in which Elohim is used, and 
known as E. These two accounts sometimes cover the 
same ground, and sometimes differ widely. Modern criti- 
cism has traced the passages belonging to each and ar- 
ranged each in a continuous story. These were united 
by a later editor and are known among scholars as JE ; 
and (2) the legal sections, or the Torah proper. The 
latter are nearly all found in Exodus 20-23, 25-31, 34-35 ; 
Leviticus 1-8, 11-25, 27; Numbers 5-10, 18, 19, 27-30; 
Deuteronomy 4 to 26. The bulk of the civil law is con- 
tained in Exodus 21-23 and Deuteronomy 21-25. The 
Law of Holiness, Leviticus 17-26, is interpolated in the 
Priestly Code, although clearly out of place there. Laws 
of Inheritance are chiefly in IsTumbers 27 and 36. The 
ceremonial law P in Exodus 25-31, 35-40; Leviticus 1-16, 
27. The Decalogue is in JE. The ''Words" are in 
Exodus 20 ^-^, 22 ^'-^- ''■'^ 23 ^-'\ Judgments in Exodus 
21 ^ 22 ^^' '^''^\ C is older than E ; and D is largely a 
repetition and expansion of the non-priestly parts of JE 
and is not possibly of Mosaic origin. (Jewish Cyc, Vol. 
5, p. 542.) That the laws in JE, Exodus 20-23, are the 
foundation of the Deuteronomic legislation becomes cer- 
tain. For example, Deuteronomy 17 ^"^ is an expansion 
of Exodus 22 ^, Deuteronomy 16 '"'', of Exodus 23 ^'-^\ 
and Deuteronomy 18 ^^- ^\ of Exodus 22 ^l E dates from 
900 to 750 B. C, J from 850 to 750 B. C. 



OLD TESTAMENT LAW 

Classification, Text and 
Explanatory ]Srotes 

OEIGm OF ISEAEL'S LAWS 

Historical Note 

The uniform tradition of the Jews through their entire 
history ascribed the origin of ' their laws to their great 
lawgiver, Moses. Yahweh spake to his chosen people and 
Moses received the divine commands as their representa- 
tive. Laws were therefore Yahweh's laws. If they were 
obeyed they brought his favor. If disobeyed his dis- 
pleasure would be heavy upon them. Divine sanction gave 
these laws great authority. Without that sanction they 
would have counted but little. 

In time all laws were referred back to Moses, although 
most of them were enacted centuries after his death. As 
time passed his name became the synonym of majesty, 
authority, divine favor. Statutes and ceremonies were 
ascribed to him although applying to facts and conditions 
that arose centuries later. Codes were accepted because 
stamped with his name. The tradition grew until nothing 
could shake the implicit faith of the Jews in their great 
teacher, judge and lawgiver. 

The Torah was the divine message of Jehovah to Israel 
through Moses. 

The laws of Israel were given through Moses by direct 
command of Jehovah. 



41 



42 Old Testament Law for Bible Students 

(J) ^ Ex. 19^ 20 1 
(E) 24 ^^ 32 ^^- "• "^• 

(D) Dt. 4 "• "'• 5 '-' 

O-l 9-12. 24-26. 

32 *^ 33 * 
(P) Ex. 31 '' 34 1-*- ^ 
Jos. 1' 8'^^ 
23' 24^ 
Neh. 8^-' 
These laws must be read to the people every seven years. 

(D) Dt. 31 '■'' 
And placed by the side of the Ark of the Covenant. 

(D) Dt. 31'=' 
There are wonderful promises to Israel if these laws 
are observed. 

(D) Dt. 28^-" 
(H) Lev. 26 '-'^ 
Fearful punishments are threatened for disobedience. 
(D) Dt. 28^=-'' 
(H) Lev. 26"-'' 
The Later Covenant. 

Jer. 31''-'' 

1 The letters J., E., etc., refer to the various codes or constituent 
elements of the Pentateuch as heretofore described. 

Note: — It has been thought unnecessary to set out in full all the 
passages cited. The text is set out in sufficient instances to illustrate 
the various laws, leaving the student to refer to the Bible for the 
other passages cited. Citations are repeated under different head- 
ings where applicable. The text follows the citation to which it 
belongs. 



PUBLIC LAW 
A 

CIVIL GOVERNMENT 

I 

KIND OF GOVERNMENT 

1 

Historical Note 

1. The Patriarchal Age, In primitive times the family 
was the unit of Hebrew life. The conditions of living were 
so simple that no elaborate form of government was pos- 
sible and but few laws were needed. The father as head 
of the family was the supreme ruler, with power of life 
and death in certain instances. The tribal form of gov- 
ernment gradually grew out of this system and was fully 
developed at the time of the conquest of Canaan. The 
earliest laws make no reference to king, state, or judges. 

2. Government hy Judges, When the Jewish tribes 
were united together with some degree of solidarity, cer- 
tain men by personal ascendancy acquired power over the 
scattered tribes. These men were called Judges. Their 
authority was based rather on voluntary submission than 
express sanction. 

3. The Monarchy. The danger of invasion and over- 
throw by the Philistines resulted in the election of Saul 
as King. Under his immediate successors, David and Solo- 
mon, the fortunes of the Jews reached their highest point. 
With various vicissitudes the Kingdom survived until the 
Babylonian Captivity. 

43 



44 Old Testament Law for Bible Students 

4. Priestly Government, After the exile the Jewish 
State was in fact transformed into a Jewish Church. It 
then became a genuine theocracy, with the priests as the 
actual rulers. The High Priest obtained great power and 
authority. This form of government continued with some 
intermissions until the conquest by the Romans. 

It should be remembered that under all these various 
forms of government Jewish laws were largely of a reli- 
gious nature, the difference between civil and religious 
laws as at present understood being practically unknown. 
There was no legislative body or authority. All laws were 
supposed to have been handed down by Jehovah and to 
have his divine sanction. The functions of government 
were mainly judicial and military, interpreting and en- 
forcing the laws of Jehovah, and making war on Israel's 
enemies. There was very little of an administrative or- 
ganization to enforce civil regulations, such as did exist 
relating chiefly to the collection of taxes for the support 
of the monarchy. The complex civil systems of modern 
states had not developed, trade and commerce were of a 
very simple nature, and there was but little communication 
between the tribes themselves or with other nations. This 
primitive state of society must be constantly kept in view 
in studying the government of Israel and its various laws. 



The Rulers of Israel 

( 1 ) Poiver of Father over children. 

(E) Gen. 22 38 '' 
Ju. 11 ''-'^ 
^^And Jephthah vowed a vow unto Jehovah, and said, If 
thou wilt indeed deliver the children of Ammon into my 
hand, then it shall be, that whatsoever cometh forth from 
the doors of my house to meet me, when I return in peace 
from the children of Ammon, it shall be Jehovah's, and I 
will offer it up for a burnt offering." 



Rulers of Israel 45 

This power was in certain cases limited. 

(D) Dt. 21 ^'-'^ 

The heads of families made covenants relative to settling 
disputes between their children and dependents. 

(E) Gen. 21 '"''^ 

(2) The Elders of the city had certain authority, 

Ju. 8 «• ^'' ^'• 
They might select their own successor in some cases. 

Ju. 11 '■' 
Women might have authority under the system of 
Judges. 

Ju. 5 '' 

(3) Hehrew Kings did not have autocratic power. The 
first King Saul ivas chosen hy the people. 

1 Sam. 10 '' 11 ^" 
The people asked for a King when Saul was chosen. 

1 Sam. 8 "-' 
The King anointed. 

1 Sam. 10 ' 
The King was a judge and military leader. 

1 Sam. 8 '' 
The King as judge. 

2 Sam. 15 ' 
The King made political alliances. 

Is. 7 ' 2 K. 16 ' 
He must be a Jew. 

(D) Dt. 17 ^'-^' 
His power was limited. 

(D) Dt. 17''-'' 
1 K. 2 Iff. 
Was chief religious head and adviser. 

1 K. 12 ''-'" 

2 K. 16 ^' 

After the exile the Jews became a church, rather than a 
nation. Priests were the real rulers and the High Priests 
had supreme authority. 

1 Mac. 12 ' 14 '' 



46 Old Testament Law for Bible Students 



Qualifications for Citizenship 

By inference it would seem that all male Jews were 
entitled to citizenship. Exceptions were : — 

(D) Dt. 23 ^- '' 
Naturalization laws for foreigners were as follows : — 
Ammonites and Moabites could never become citizens, 

at least to the tenth generation. 

(E) Dt. 23 ^ 

But Edomites and Egyptians of the third generation 
were permitted to become citizens. 
(D) Dt. 23 '' '' 

4 

Laws Relating to Aliens 

Historical Note 

Jewish laws relating to foreigners were strikingly hu- 
mane for that period. In some respects they correspond 
to modern naturalization laws. Those who were permitted 
to enter and become citizens were treated with marked 
consideration. When it is remembered that among all 
Semitic tribes slavery was common, it is noteworthy that 
the Jews treated slaves as in some cases possible citizens. 
The lot of slaves was much better than in Rome or other 
ancient nations. It is true that captured men and women 
were treated as prizes of war, almost as booty. It is also 
true that men were sold as slaves for debt. But in this 
connection we must remember the custom of most civilized 
nations in modern times, where until a comparatively 
recent period poverty was considered a crime and men 
could be imprisoned indefinitely for debt. Indeed, im- 
prisonment for debt survived long after many other bar- 
barous customs had disappeared before an enlightened 



Aliens 47 

public conscience. The rights of property were more 
sacred than the rights of persons. 

Jewish laws bear fair comparison in this respect with 
the laws of European countries as late as the seventeenth 
century. 

Laws should apply equally to aliens. 

(C) Ex. 22^ 23' 

12*^ 
^^One law shall be to him that is home-born, and unto 
the stranger that sojourneth among you." 
(H) Lev. 19^ 
^^The stranger that sojourneth with you shall be unto 
you as the home-born among you, and thou shalt love 
him as thyself; for ye were sojourners in the land of 
Egypt; I am Jehovah Your God.'' 
(H) Lev. 24^ 
"Ye shall have one manner of law, as well for the 
sojourner, as for the home-born : for I am Jehovah your 
God.'' 

(P) Nu. 9^* 15^*-^^ 35^^ 

(D) Dt. 1'' 24.''' ''' ''' 27'' 
But in certain respects their rights were different. 
A foreigner could not marry a Jew. 

(P) Gen. 34'* 
Nor own slaves. 

(H) Lev. 25*^-*' 
Interest could be charged to a foreigner. 

(D) Dt. 23^' 
"Unto a foreigner thou mayest lend upon interest ; but 
unto thy brother thou shalt not lend upon interest; that 
Jehovah thy God may bless thee in all that thou puttest 
thy hand unto, in the land whither thou goest in to pos- 
sess it." 

The Sabbatical release of debts did not apply to for- 

^'^^^^- _ ^ (D) Dt. 15^- 3. 

"And this is the manner of the release: Every cred- 



48 Old Testament Law for Bible Students 

itor shall release that which he hath lent unto his neigh- 
bor ; he shall not exact it of his neighbor, and his brother ; 
because Jehovah's release hath been proclaimed. 

^^Of a foreigner thou mayest exact it : but whatsoever 
of thine is with thy brother thy hand shall release." 

A dead animal might be sold to a foreigner. 
(D) Dt. 14'^ 



Slaves and Slavery 

Slavery was common from the earliest times. Slaves 
were taken captive in war, were bought, were inherited, 
or were taken for debt. 

Slavery might be perpetual. 

(C) Ex. 21^-^ 
"But if the servant shall plainly say, I love my mas- 
ter, my wife, and my children; I will not go out free; 
then his master shall bring him unto God, and shall 
bring him to the door, or unto the door post; and his 
master shall bore his ear through with an awl; and he 
shall serve him for ever. 

And if a man sell his daughter to be a maidservant, 
she shall not go out as the menservants do." 

But only foreigners or resident aliens could be perma- 
nent bondmen. 

(H) Lev. 25^-*' 
Slaves were sometimes inherited. 

Lev. 25 '' 
Were bought. 

(C) Ex. 21'- '' 
2K. 4^ 
Neh. 5'-' 
Jer. 34' 
Is. 50 ^' ' 
Job. 24^ 



Slaves and Slavery 49 

Or sold for debt. 

Am. 2 ' 8 ^ 
(D) Dt. 15^' 
^^If thy brother, a Hebrew maiij or a Hebrew woman, 
be sold unto thee, and serve thee six years ; then in the 
seventh year thou shalt let him go free from thee." 
(H) Lev. 25 '' 
Sold for theft. 

(C) Ex. 22 2 
Jewish servants were to be released in the Sabbatical 
year. 

(C) Ex. 21' 
Women captives were treated as slaves. 

Ju. 5^^ 

"Have they not found, have they not divided the spoil ? 
A damsel, two damsels to every man ; to Sisera a spoil of 
dyed garments, a spoil of dyed garments embroidered, 
dyed garments embroidered on both sides, on the necks 
of the spoil ?" 

Or treated as booty. 

(D) Dt. 20" 
Slave regarded as his master's money. 

(E) Ex. 20 1' 
(J) Gen. 12" 

And part of his master's household. 

(E) Ex. 20^' 
Sometimes he was the special property of his mistress. 

(J) Gen. 16^"-'- 

(P) 25^' 

(J) 30' 

(J) 24 '' 

(P) 29^- ^• 

Maid servants regarded as concubines. 

(C) Ex. 21 "^ 

(H) Lev. 19'" 
Servants could be flogged bv master. 

(C) Ex. 2i^ (D) Dt. 23'' 



50 Old Testament Law for Bible Students 

If maimed by master were given freedom. 

(C) Ex. 21^-2' 

"And if a man smite the eye of his servant, or the eye 
of his maid, and destroy it; he shall let him go free for 
his eye's sake. 

And if he smite out his manservant's tooth, or his 
maidservant's tooth; he shall let him go free for his 
tooth's sake." 

Protection for captive wives. 

(D) Dt. 21 ^'-^' 

Probably could not own property while a servant. 

(D) Dt. 15 ''-'' 
Injury to a servant punished by fine paid to master. . 

(0) Ex. 22^' 

(D) Dt. 22''-'' 

"If a man find a damsel that is a virgin, that is not 
betrothed, and lay hold on her, and lie with her, and 
they be found ; then the man that lay with her shall give 
unto the damsel's father fifty shekels of silver, and she 
shall be his wife; because he hath humbled her; he may 
not put her away all his days." 

Foreign servants to have same rights as Jewish. 

(E) Gen. 15' (P) 17'' 
Murder of a slave punished by death. 

(C) Ex. 21'' 

(H) Lev. 24'^ 
A slave must be circumcised. 

(P) Ex. 12*^ 

(P) Gen. 17" 
And may then eat holy things. 

(H) Lev. 22 ^'^' 

(P) Ex. 12** 
Compensation for Damages to Slaves. 

(C) 30 shekels— Ex. 21 '' 

(E) 20 " —Gen. 37" 
Number of slaves compared to freemen 1 to 6. 

Neh. 1''^' 



Inferior Officers 61 

Redemption of Slaves and Servants. 

(C) Ex. 2l'•-«•^• 
(D) Dt. 21 ''■'' 15 ''-'' 
(H) Lev. 25 ''' ''-'' 

Return of fugitive servants forbidden. 

(D) Dt. 23''-''' 

6 

Inferior Officers 

Heads of Tribes and Families. 

(P) Nu. 1 ' 
**'And with you there shall be a man of every tribe ; every 
one head of his father's house. '^ 
Princes of tribes. 

(P) Nu. 1 '' 
Minor Officers. 

(D) Dt. 20' 
Appointment of 70. 

(JE) Nu. 11^' 
Taking the Census. 

(P) Nu. 1^-^ 35-10.1115. 4 1-3 26 2 

This was of priestly origin and was introduced late in 
Jewish history. Among Semitic tribes there is even to-day 
an aversion to being numbered. 
Priests as civil servants. 

2Sam. 20^^- 
Captain of the hosts. 

2 Sam. 12 ^ 
Leader of Mighty Men of Valor. 

2 Sam. 8^' 20 ^ 
Recorder, probably the chief minister. 

2 Sam. 8 '' 20 ^ 

2 K 18 '' 

2 Chr. 34 ' 
Scribe ; probably the Secretary of State. 

2 K. 18 ''' '' 



52 Old Testament Law for Bible Students 

Officer over the tribute — collector of taxes. 

2 Sam. 20 '* 
Governor of Royal Household — High Chamberlain. 

Is. 36^-^2 22^^ 
King's Servant. 



King's friend. 



King's Counselor. 
Head of Wardrobe. 
Governor of City. 



2 K. 22 ^' 
IK. 4' 

1 Ch. 27 "^ 

2 K. 22 '* 

1 K. 22 ^' 

7 
Taxation 

Administrative functions of Government being simple 
heavy taxes were not required. 

Census taken for tax purposes. (See note on preceding 
page.) 

2 S. 24 ' 
Division of land for purposes of taxation. 

1 K. 4^ 
Crown Lands. 

Ezek. 45 '' '' 48 '' 

1 Ch. 27'' 

Am. 7' 
Forced labor as tax. 

1 K. 5 ^^ 
Confiscation of property. 

1 K. 21 
Stripping the Temple. 

2 K. 18'' 

"And Hezekiah gave him all the silver that was found 



Military Laws 53 

in the house of Jehovah^ and in the treasures of the king's 
house/' 

Sea Trade a royal Monopoly. 

1 K. 10 '' 

Land Tax indicated. 

1 S. 8 ''' '' 
Land Tax. 

2 K. 23 '' 
Personal property taxed one tenth. 

1 S. 8 ''' '' 
Tribute from foreign rulers and toll on trade caravans. 

1 K. 10 '' 



B 

MILITARY LAWS 

(1) Wars vjere wars of Jehovah, 

(JE) Nu. 21^^ 
Soldiers sanctified before going into battle. 

Jos. 3 ' 

(2) Age of Soldiers. 

(P) Nu. !'• '• '"''■ ''' ''• 
(P) 26'^- ^^• 

(3) Exemption from Military Service. 
(1) Of individuals. 

(D) Dt. 20^^-'-' 

^When thou goest forth to battle against thine enemies^ 
and seest horses, and chariots, and a people more than 
thou, thou shalt not be afraid of them:" 

^^And the officers shall speak unto the people, say- 
ing, What man is there that hath built a new house, 
and hath not dedicated it ?' let him go and return to his 
house, lest he die in the battle, and another man dedi- 
cate it. 

And what man is there that hath planted a vineyard, 
and hath not used the fruit thereof? let him go and re- 



54 Old Testament Law for Bible Students 

turn unto his house, lest he die in the battle, and another 
man use the fruit thereof. 

And what man is there that hath betrothed a wife, and 
hath not taken her ? let him go and return unto his house, 
lest he die in the battle, and another man take her. 

And the officers shall speak further unto the people, 
and they shall say. What man is there that is fearful 
and faint-hearted? let him go and return unto his house, 
lest his brethren's heart melt as his heart.'' 
(D) Dt. 24' 

"When a man taketh a new wife, he shall not go out 
in the host, neither shall he be charged with any business ; 
he shall be free at home one year, and shall cheer up his 
wife, whom he hath taken." 

1 Mac. 3 ^' 

(2) Of Levites. 

(P) -Nn.l''''' 
"For Jehovah spake unto Moses, saying. 
Only the tribe of Levi thou shalt not number, neither 
shalt thou take the sum of them among the children of 
Israel :" 

(P) Ku. 2"" 
Selective Draft. 
(P) Nu. 31^-^ 
The foregoing clearly indicated provisions as to the 
care used in selecting soldiers similar to those in modern 
use known as the selective draft. 

(3) Cleanliness in Camp, 

(D) Dt. 23'-'' 

(4) Manner of Attach, Notice to Enemy. 

(D) Dt. 20 '-*''-'' 
Sounding alarm. 

(P) Nu. 10' 
Pood trees spared. 
(D) Dt. 20 ^'-^ 
"When thou shalt besiege a city a long time, in making 
war against it to take it, thou shalt not destroy the trees 



Treatment of Captives 55 

thereof by wielding an axe against them ; for thou mayest 
eat of them, and thou shalt not cut them down; for is 
the tree of the field man, that it should be besieged of 
thee? 

Only the trees of which thou knowest that they are 
not trees for food, thou shalt destroy and cut them down ; 
and thou shalt build bulwarks against the city that maketh 
war with thee, until it fall.'^ 
(5) Captives. 
Women were spared if of a foreign nation. 

(D) Dt. 21 ^'-^' 
But if inhabitants of Canaan all captives were killed. 

(D) Dt. 20 ^'' '' 
All persons destroyed. 

(D) Dt. 2^ 
^^And we took all his cities at that time, and utterly 
destroyed every inhabited city with the woman, and the 
little ones; we left none remaining.'' 
(D) Dt. 3 '' '' 
Jos. 11'' 
Only men killed. 

(P) N"u. 31^ 
^^And they warred against Midian, as Jehovah Com- 
manded Moses; and they slew every male." 
(D) Dt. 20''- ''• ''• ''• 

/T 1. 2. 16. 

Men and married women killed. 
(P) Nu. 31 ''' ''' 

"ITow therefore kill every male among the little ones, 
and kill every woman that hath known man by lying with 
him. 

But all the women-children, that have not known a man 
by lying with him, keep alive for yourselves." 

Only virgins spared. 

(P) ITu. 31 '^' ''• 

The foregoing provisions have been universally con- 
demned in modern times as indicating a barbarous state 



56 Old Testament Law for Bible Students 

of society. Especially is this the case since the Jews 
claimed these acts were done by express command of 
Jehovah. It will be observed that these rules had their 
origin in the earliest law codes and hence relate back 
to a nomadic, semi-savage state of society, when the Jews 
were engaged in fierce warfare with the inhabitants of 
Canaan and were fighting for their very existence. 

There is a plausible suggestion of another and cogent 
reason. It has been supposed that sexual diseases were 
common among the Midianites, and that this drastic com- 
mand was executed to prevent the spread of these diseases 
among the Jews. 

(6) Booty. 

(P) ITu. 31^-^' 
(D) Dt. 20 '* 

1 S. 30 ^-'^ 

One half of booty went to the soldiers. 

(P) Nu. 31 ^ 
One half to priests and Levites. 

(P) Nu. 31^- ''• 

(7) War Indemnity, 

2 K. 3 * 

^^ISTow Mesha king of Moab was a sheepmaster : and he 
rendered unto the king of Israel the wool of a hundred 
thousand lambs, and of a hundred thousand rams.'' 

The belief that indiscriminate massacre was commanded 
by Jehovah was in accordance with the barbarous ideas 
and cruel customs of the time. Religious conceptions in 
such a state of society were on a par with their ideas of 
tribal and individual justice, which in turn are refiected 
in their courts and system of administering justice. 



Courts 57 



COURTS AND LEGAL PROCEDURE 
COURTS 

Explanatory Note 

The development of a system of courts for the prompt 
and efficient administration of justice is an index to the 
civilization of a people. The more complex the conditions 
of life the more numerous are the instances of possible 
disputes between individuals. The first duty of a state 
is to require all persons who have grievances to submit 
them to an impartial tribunal which, to be effective, must 
be established and maintained by the state. The second 
duty is to compel obedience to the court's judgment and 
decrees when rendered. It is a difficult and delicate mat- 
ter to ascertain what is right amid the most perplexing 
circumstances of ignorance, prejudice, actual fraud, and 
in many instances conflicting interests. How success- 
fully this is done determines the degree of mental and 
moral development of a people and through that its prog- 
ress as a civilized community. 

Compared with their primitive political organizations 
and moral ideas the judicial system developed in ancient 
Jewish times seems to be fairly representative. They did 
not record their judicial degrees and hence these could 
serve only to a limited degree as precedents. There was at 
first no public authority to enforce the court's findings. 
This was largely left to their moral effect on the parties. 
There was no military power back of the court. They did 
have a rudimentary code of trials and rules for the ad- 
mission of evidence, most of which commend themselves 
to us for their essential wisdom and justice. 

The origin of a judicial and at the same time legisla- 
tive system is seen in Exodus 18^^'^. There it is related 
that causes of dispute between individuals were brought 



58 Old Testament Law for Bible Students 

to Moses in such numbers that he was unable to hear 
them all. So he appointed able men out of Israel who 
served as judges to decide all ordinary questions. We 
may see the rudiments of a Supreme Court in the fact 
that only the hard causes were heard by Moses, whose 
wisdom and authority commanded unquestioning obedi- 
ence. 

Compare the custom of Roman Emperors to sit in judg- 
ment in the porch of the imperial palace on the Palatine ; 
the custom of English monarchs to entertain jurisdiction 
of cases where for some reason the strict rules of the 
law failed to render justice, which developed later, through 
experienced chancellors appointed to represent the king, 
into the splendid system of chancery jurisprudence which 
is now one of the chief glories of English and American 
law. 

A court of law followed strict technical rules which 
must be observed regardless of the results in individual 
cases. Much injustice resulted. Exceptional cases, in 
which the miscarriage of justice was flagrant were appealed 
to the king. These were referred to an expert who ap- 
plied equitable principles so far as possible, and this prac- 
tice resulted in the development, outside of and parallel 
with the law courts of an entire body of rules designed 
to secure exact justice between litigants. The courts 
which apply these rules are courts of equity, or chancery. 

It would be most interesting to compare the following 
rules taken from Jewish law with the parallel rules in 
our modern judicial systems. Occasional notes are given 
to suggest studies along these lines. 

Compare for instance the appointment of judges as 
shown herein with their appointment or election in our 
American States. It may be noted that generally speak- 
ing, federal judges are appointed, and state judges elected. 



Appointment of Judges 59 

A 

APPOINTMEIS^T OF JUDGES AND THEIR JURISDICTIOlSr 

(E) Ex. 18''-^ 

"And it came to pass on the morrow, that Moses sat 
to judge the people: and the people stood about Moses 
from the morning unto the evening. 

And when Moses' father-in-law saw all that he did to 
the people, he said, What is this thing that thou doest 
to the people ? why sittest thou thyself alone, and all the 
people stand about thee from morning unto even ? 

And Moses said unto his father-in-law, Because the 
people come unto me to inquire of God: 

When they have a matter, they come unto me; and I 
judge between a man and his neighbor, and I make them 
know the statutes of God, and his laws. 

And Moses' father-in-law said unto him. The thing that 
thou doest is not good. 

Thou wilt surely wear away, both thou, and this people 
that is with thee: for the thing is too heavy for thee; 
thou art not able to perform it thyself alone. 

Hearken now unto my voice, I will give thee counsel, 
and God be with thee: be thou for the people to God- 
ward, and bring thou the causes unto God : 

And thou shalt teach them the statutes and the laws, 
and shalt show them the way wherein they must walk, 
and the work that they must do. 

Moreover thou shalt provide out of all the people able 
men, such as fear God, men of truth, hating unjust gain ; 
and place such over them, to be rulers of thousands, rulers 
of hundreds, rulers of fifties, and rulers of tens: 

And let them judge the people at all seasons: and 
it shall be, that every great matter they shall bring 
unto thee, but every small matter they shall judge them- 
selves: so shall it be easier for thyself, and they shall 
bear the burden with thee. 



60 Old Testament Law for Bible Students 

If thou shalt do this thing, and God command thee 
so, then thou shalt be able to endure, and all this people 
also shall go to their place in peace. 

So Moses hearkened to the voice of his father-in-law, 
and did all that he had said. 

And Moses chose able men out of all Israel, and made 
them heads over the people, rulers of thousands, rulers 
of hundreds, rulers of fifties, and rulers of tens. 

And they judged the people at all seasons: the hard 
causes they brought unto Moses, but every small matter 
they judged themselves.'' 

(D) Dt. 16''" 
(JE) Nu. 11'' 

2 Ch. 19*-" 

^^And Jehosaphat dwelt at Jerusalem: and he went 
out again among the people from Beer-sheba to the hill- 
country of Ephraim, and brought them back unto Je- 
hovah, the God of their fathers. 

And he set judges in the land throughout all the forti- 
fied cities of Judah, city by city. 

And said to the judges. Consider what ye do: for ye 
judge not for man, but for Jehovah; and he is with you 
in the judgment. 

Now therefore let the fear of Jehovah be upon you: 
take heed and do it : for there is no iniquity with Jehovah 
our God, nor respect of persons, nor taking of bribes. 

Moreover in Jerusalem did Jehosaphat set of the Le- 
vites and the priests, and of the heads of the fathers' 
houses of Israel, for the judgment of Jehovah, and for 
controversies. And they returned to Jerusalem. 

And he charged them, saying. Thus shall ye do in the 
fear of Jehovah, faithfully, and with a perfect heart. 

And whensoever any controversy shall come to you 
from your brethren that dwell in their cities, between 
blood and blood, between law and commandment, statutes 
and ordinances, ye shall warn them, that they be not 
guilty towards Jehovah, and so wrath come upon you 



Judicial System 61 

and upon your bretliren: this do, and ye shall not be 
guilty. 

And, behold, Amariah the chief priest is over you in all 
matters of Jehovah; and Zebadiah the son of Ishmael, 
the ruler of the house of Judah, in all the king's mat- 
ters; also the Levites shall be officers before you. Deal 
courageously, and Jehovah be with the good." 

Appointment of vice judges. 

(E) Ex. 24'* 

A full judicial system is now in force. 

(D) Dt. 19'^'' 

"One witness shall not rise up against a man for any 
iniquity, or for any sin, in any sin that he sinneth; at 
the mouth of two witnesses, or at the mouth of three 
witnesses, shall a matter be established. 

If an unrighteous witness rise up against any man to 
testify against him of wrong-doing, then both the men, 
between whom the controversy is, shall stand before Je- 
hovah before the priests and the judges, that shall be in 
those days: 

And the judges shall make diligent inquisition: and 
behold, if the witness be a false witness, and have testified 
falsely against his brother, then shall ye do unto him, 
as he had thought to do unto his brother: so shalt thou 
put the evil away from the midst of thee." 

Submission of cases. 

(0) Ex. 22^-^- 

Moses was the earliest judge. 

(E) Ex. 18'^^ 

In small matters the priests were the judges. 

(E) Ex. 18^ 
The system of judges still in force at the time of 
Ezra. 

Ezr. 7"" W 
"And thou, Ezra, after the wisdom of thy God that 
is in thine hand, appoint magistrates and judges, who 
may judge all the people that are beyond the River, all 



62 Old Testament Law for Bible Students 

such as know the laws of thy God; and teach ye him 
that knoweth them not/' 

The King as judge. 

At first the King heard only appeals. Afterward all 
important matters. 

1 K. 3 ^ 

"Give thy servant therefore an understanding heart 
to judge thy people, that I may discern between good 
and evil ; for who is able to judge this thy great people ?" 

IK. 7' 

"And he made a porch of the throne where he was to 
judge, even the porch of judgment: and it was covered 
with cedar from floor to floor.'' 

2 K. 15 ^ 

1 S. 8^ 

2 S. 14* 
Am. 2' 
Hos. 7' 
Ps. 2'' 

All ordinary cases of dispute were submitted to the 
judges for decision. 

(D) Dt. 25^'^ 

Exceptional cases were taken to the sanctuary, when 
the decisions were "decisions of Jehovah." 

(C) Ex. 21' 22^-' 
The following special cases are noted. 
Charges of unchastity against wife. 

(D) Dt. 22^^-'^ 
(P) Nu. 5 '^'' 

Where a person was accused of false witness. 

(D) Dt. 19 ''-'' 
Where a man was found slain in a fleld. 

(D) Dt. 21^-^ 
Judges must judge righteously. 

(C) Ex. 23'-' 
"Thou shalt not wrest the justice due to thy poor in 
his cause. 



Courts 63 

Keep thee far from a false matter; and the innocent 
and righteous slay thou not: for I will not justify the 
wicked. 

And thou shalt take no bribe: for a bribe blindeth 
them that have sight, and perverteth the words of the 
righteous.'' 

(H) Lev. 19^^ 24^ 
(D) Dt. 16^'-'' 
25^- 2- 

-j 16. 17. 

(D) 27^ 

These constant injunctions reveal the existence in Jew- 
ish society of both rich and poor, and the necessity of 
giving religious sanction to commands to render exact 
justice between the two classes. They are like a flash- 
light into ancient Jewish life, revealing clearly the divi- 
sion of society into classes and the difficulty then as 
now, of obtaining justice. 

B 

COURTS 

Originally in Eastern lands there was no seperate Ju- 
diciary as in modern times. Those who decided disputes 
in fact exercised both judicial and legislative functions. 

There soon arose the necessity to set apart certain per- 
sons whose sole duty was to determine causes in dispute. 
Later the division of function proceeded until civil suits 
were in general decided by judges, ethical questions by 
the prophets, ritual by the priests. 

Courts were usually held at the city gates. 
(D) Dt. 21'' 22^ 25^ 

"Then shall his father and his mother lay hold on 
him, and bring him out unto the elders of his city, and 
unto the gate of his place." 

Am. 5^- '^• 
Zech. 8'' 



64 Old Testament Law for Bible Students 

Sometimes in the Porch of Judgment. 

1 K. Y ' 
^^And he made the porch of the throne where he was 
to judge, even the porch of judgment; and it was cov- 
ered with cedar from floor to floor. '^ 
Origin of the Supreme Court. 
(E) Ex. 18^- 

C 

TRIALS 

1. Court Procedure. 

Parties brought their complaints to the judges after 
notice to the opposite party. Usually the statements of 
the parties were oral. Sometimes the complaint was 
written. 

Job. 31 2^ 

"Oh, that I had one to hear me! (Lo, here is my 
signature, let the Almighty answer me), and that I had 
the indictment which mine adversary hath written.'' 

Judgment could be rendered on confession. 
(P) Nu. 5'- '• 

"Speak unto the children of Israel, When a man or 
woman shall commit any sin that men commit, so as to 
trespass against Jehovah, and that soul shall be guilty: 
then he shall confess his sin which he has done: and he 
shall make restitution for his guilt in full, and add unto 
it the fifth part thereof, and give it unto him in respect 
of whom he hath been guilty." 

Otherwise witnesses were heard. The litigants brought 
their own witnesses. 

In some cases a sort of trial by jury was had. 

Talmud. 

Contempt of court punished. 

(C) Ex. 22 2« 

(D) Dt. 17''- ''• 



Trials 65 

"And the man that doeth presumptuously, in not 
hearkening unto the priest that standeth to minister there 
before Jehovah thy God, or unto the judge, even that 
man shall die; and thou shalt put away the evil from 
Israel. 

And all the people shall hear, and fear, and do no 
more presumptuously." 

In cases of manslaughter there was a preliminary trial, 
similar to preliminary trials upon information in our 
modern practice, to determine probable guilt. 

Jos. 20* 

"And he shall flee unto one of those cities, and shall 
stand at the entrance of the gate of the city, and declare 
his cause in the ears of the elders of that city; and they 
shall take him into the city unto them, and give him a 
place, that he may dwell among them.'' 

Final trial was had and judgment rendered by the 
"Congregation.'' 

Jos. 20'- '• 

"And if the avenger of blood pursue after him, then 
they shall not deliver up the man-slayer into his hand; 
because he smote his neighbor unawares and hated him 
not beforetime. 

And he shall dwell in that city, until he stand before 
the congregation for judgment, until the death of the 
high priest that shall be in those days: then shall the 
man-slayer return, and come unto his own city, and unto 
his own house, unto the city from whence he fled." 

In modern practice when a man is arrested charged 
with a crime he must be taken forthwith before a Magis- 
trate, usually a Justice of the Peace, for a preliminary 
trial. At this hearing he is entitled to counsel, as he is 
at all subsequent stages of the case. If the Magistrate 
finds no probable guilt the party is discharged. But if 
probable guilt is shown he is bound over to await the 
action of the next Grand Jury. There must be an in- 
dictment found before he can be tried. This method 



66 Old Testament Law for Bible Students 

of procedure has been in force for centuries and was 
adopted to prevent the trial of innocent perons on ground- 
less charges. Note the parallel procedure in primitive 
form among the Jews. 

2. Witnesses and Evidence, 

Witnesses must be of age and citizens. Slaves could 
not be witnesses. 

The witnesses must take an oath before testifying. 

(C) Ex. 22^^- '' 

^^If a man deliver unto his neighbor an ass, or an ox, 
or a sheep, or any beast, to keep; and it die, or be hurt,, 
or driven away no man seeing it: the oath of Jehovah 
shall be between them both, whether he hath not put 
his hand unto his neighbor's goods ; and the owner thereof 
shall accept it, and he shall not make restitution.'' 
For form of oaths see 

(J) Gen. 31 ''' ''' 
1 K. 2^ 
Ju. 8^^ 
Jer. 42^ 
An oath was a conditional curse. Penalty for breaking. 

(P) Lev. 6^-^ 
A witness must testify. 

(P) Lev. 5 ' 
Hearsay testimony not admitted. 

Talmud. 
Two witnesses required in cases of murder. 

(P) 'Nu. 35'' 
^^Whoso killeth any person, the murderer shall be slain 
at the mouth of witnesses : but one witness shall not tes- 
tify against any person that die." 

(D) Dt. 17'- '' 
(D) Dt. 19'' 

For certain purposes. 

Euth 4'' 



Judgments 67 

Duties of Witnesses. 

(C) Ex. 23^-^ 
(H) Lev. 19 ^' 

(D) Dt. 17' 

To cast the first stone on infliction of death penalty. 
Perjury punished. 

(E) Ex. 20'' 

^^Thou shalt not bear false witness against thy neigh- 
bor.^^ 

(C) Ex. 23' 

(D) Dt. 5^ 

19 '^'^ 
(H) Lev. 19'' 

D 

JUDGMENTS 

Judgments of the court were regarded as "Judgments 
of God." 

(0) Ex. 22 «• ^• 
(D) Dt. 1'' 

"Ye shall not respect persons in judgment; ye shall 
hear the small and the great alike ; ye shall not be afraid 
of the face of man; for the judgment is God's: and the 
cause that is too hard for you, ye shall bring unto me, 
and I will hear it.'^ 

Decisions were oral. In important cases they were 
preserved for precedents. There thus grew up a large 
body of law consisting of interpretations of the law by 
the various courts. 

Judgments were rendered by the judges. 
(D) Dt. 25 ' 

"If there be a controversy between men, and they 
come unto judgment, and the judges judge them; then 
they shall justify the righteous, and condemn the wicked." 

Judgments were of two kinds. 



68 Old Testament Law for Bible Students 

1. Judgments in money. 

These provided for restoration of property, or dam- 
ages in money as the case required. 

2. Judgments in Souls. 

These worked corruption of blood, that is, loss of per- 
sonal standing in the tribe, and loss of property and in- 
heritance, or personal punishment. 

These provisions are paralleled in modern times by 
similar rules, although corruption of blood and bills of 
attainder are unlawful in America. 

Execution of Judgments 

The whole power of the state is back of the decrees 
of the courts in modern nations. This gives them author- 
ity and compels respect and obedience. 

In criminal cases sentences were enforced by the judges. 
(D) Dt. 25 '' '' 

"And it shall be, if the wicked man be worthy to 
be beaten, that the judge shall cause him to lie down, 
and to be beaten before his face, according to his wicked- 
ness, by number. 

Forty stripes he may give him, he shall not exceed; 
lest, if he should exceed, and beat him above these with 
many stripes, then thy brother should seem vile unto 
thee.'' 

In the execution of the death sentence the prosecuting 
witness must cast the first stone. 
(D) Dt. 17' 

Relatives not to be punished. 
(D) Dt. 24'' 

This rule was established to correct a common custom 
in the East. For a precedent see 



Appeals 69 

2 K 14^ 
E 

APPEALS 

It has always been regarded as necessary to allow 
appeals from the decisions of trial courts. Mistakes are 
often made in the trial of cases and not to provide for 
appeals would in many instances amount to a denial of 
justice. Appellate courts are universal in civilized com- 
munities. Made up of the abler and more experienced 
members of the bar, they are to a large extent removed 
from the influence of passion and prejudice. A study of 
the primitive system of appeals as used by the Jews is 
of great historical interest. 

(1) The first appeals were to Moses. 

(D) Dt. 1'' (E) Ex. 18^ 

"Te shall not respect persons in judgment; but ye 
shall hear the small as well as the great; ye shall not 
be afraid of the face of man ; for the judgment is God's ; 
and the cause that is too hard for you, bring it unto me, 
and I will hear it.'' (Moses speaking to the Israelites.) 

(E) Ex. 18''^ 

(2) Afterward to the priests. 

(D) Dt. 17'-'' 

"If there arise a matter too hard for thee in judgment, 
between blood and blood, between plea and plea, and 
between stroke and stroke, being matters of controversy 
within thy gates; then shalt thou arise, and get thee up 
into the place which Jehovah thy God shall choose: and 
thou shalt come unto the priests the Levites, and unto 
the judge that shall be in those days; and thou shalt 
inquire; and they shall shew thee the sentence of judg- 
ment: 

And thou shalt do according to the tenor of the sen- 
tence, which they shall show thee from that place which 



70 Old Testament Law for Bible Students 

Jehovah shall choose; and thou shalt observe to do ac- 
cording to all that they shall teach thee: according to 
the tenor of the law which they shall teach thee, and 
according to the judgment which they shall tell thee, 
thou shalt do : thou shalt not turn aside from the sentence 
which they shall shew thee, to the right hand, nor to 
the MV 

(D) Dt. 19'' 

(3) To the King. 

2S. 14'-^' 
1 K. 3 '' 
^^Then came there two women that were harlots, unto 
the king, and stood before him." 

(4) In the time of Christ to the Sanhedrin. 



lAWYERS 

There were no lawyers in early times. These came 
later with the multiplication of laws and especially the 
elaborate ceremonial provided for in the Priestly Code. 
The requirements of this Code were so complex and 
difficult to follow that numerous disputes resulted as to 
their proper observance. To decide these disputes and 
interpret the various provisions of the ritual there grad- 
ually grew up a body of learned men who were called 
Scribes. These corresponded to the lawyers of our day, 
only their duties were chiefly confined to giving rulings 
on or interpretations of religious statutes. 

They received no pay, but became proud of their learn- 
ing and exceedingly vain. Their decisions were authori- 
tative when matters of the Law, or Torah were involved. 
In the time of Christ noted lawyers or scribes became 
members of the Sanhedrin, as, for instance, Hillel and 
Shammai, the leaders of the two leading Jewish schools 
of interpretation. 



Instruction in the Law 71 

Also Gamaliel Ac. 5. 

And Nicodemus Jn. 3 and 7. 

G 

instructiojN" iit the law 

Publishing tlie Law. 

(D) Dt. 27'-' 

"And Moses and the elders of Israel commanded the 
people, saying, Keep all the commandment which I com- 
mand you this day. 

And it shall be on the day when ye shall pass over 
Jordan unto the land which Jehovah thy God giveth thee, 
that thou shalt set thee up great stones, and plaster them 
with plaster: and thou shalt write upon them all the 
words of this law, when thou art passed over; that thou 
mayest go in unto the land which Jehovah thy God giveth 
thee, a land flowing with milk and honey, as Jehovah, the 
God of thy fathers, hath promised thee. 

And it shall be when ye are passed over the Jordan, 
that ye shall set up these stones, which I command you 
this day, in mount Ebal, and thou shalt plaster them with 
plaster." 

(D) Dt. 27' 31'-^' 
Jos. 8 ""-'' 
2 K 23'-' 

"And the king sent, and they gathered unto him all 
the elders of Judah and of Jerusalem. 

And the king went up to the house of Jehovah, and 
all the men of Judah and all the inhabitants of Jerusa- 
lem with him, and the priests, and the prophets, and all 
the people, both small and great; and he read in their 
ears all the words of the book of the covenant which was 
found in the house of Jehovah. 

And the king stood by the pillar, and made a covenant 
before Jehovah, to walk after Jehovah, and to keep his 



72 Old Testament Law for Bible Students 

commandments, and his testimonies, and his statutes, with 
all his heart and all his soul, to confirm the words of 
this covenant that were written in this book; and all the 
people stood to the covenant." 

This undoubtedly relates to the Deuteronomic Law — 
discovered in the Temple 621 B. C. 

The following relates to the Levitical or Priestly law 
— read by Ezra to the people 444 B. C. It is important 
as being the origin of P. Neh. 8 ^"^^ 

"And all the people gathered themselves together as 
one man into the broad place that was before the water 
gate; and they spake unto Ezra the scribe to bring the 
Book of the law of Moses, which Jehovah had commanded 
to Israel. 

And Ezra the priest brought the law before the assem- 
bly, both men and women, and all that could hear with 
understanding, upon the first day of the seventh month. 

And he read therein before the broad place that was 
before the water gate from early morning until mid- 
day, in the presence of the men and the wonien, and 
of those that could understand; and the ears of all the 
people were attentive unto the book of the law. 

And Ezra the scribe stood upon a pulpit of wood, 
which they had made for the purpose; and beside him 
stood Mattithiah, and Shema, and Anaiah, and Uriah, 
and Hilkiah, and Maaseiah, on his right hand; and on 
his left hand, Pedaiah, and Mishael, and Malchiah, and 
Hashum, and Hashbadanah, Zechariah, and Meshullam. 

And Ezra opened the book in the sight of all the people : 
(for he was above all the people;) and when he opened 
it, all the people stood up : 

And Ezra blessed Jehovah, the great God. And all 
the people answered. Amen, Amen, with the lifting up 
of their hands: and they bowed their heads, and wor- 
shiped Jehovah with their faces to the ground. 

Also Jeshua, and Bani, and Sherebiah, Jamin, Akkub, 
Shabbethai, Hodiah, Maaseiah, Kelita, Azariah Jozabad, 



Instruction in the Law 73 

Hanan, Pelaiah, and the Levites, caused the people to 
understand the law : and the people stood in their place. 

And they read in the book, in the law of God, distinctly ; 
and gave the sense, so that they understood the reading. 

And Nehemiah, who was the governor, and Ezra the 
priest the scribe, and the Levites that taught the people, 
said unto all the people. This day is holy unto Jehovah 
your God; mourn not, nor weep. For all the people 
wept, when they heard the words of the law. 

Then he said unto them. Go your way, eat the fat, 
and drink the sweet, and send portions unto him for 
whom nothing is prepared; for this day is holy unto 
our Lord: neither be ye grieved: for the joy of Jehovah 
is your strength. 

So the Levites stilled all the people, saying. Hold your 
peace, for the day is holy ; neither be ye grieved. 

And all the people went their way to eat, and to drink, 
and to send portions, and to make great mirth, because 
they had understood the words that were declared unto 
them. 

And on the second day were gathered together the 
heads of the fathers' houses of all the people, the priests, 
and the Levites, unto Ezra the scribe, even to give atten- 
tion to the words of the law. 

And they found written in the law how that Jehovah 
had commanded by Moses, that the children of Israel 
should dwell in booths in the feast of the seventh month : 
and that they should publish and proclaim in all their 
cities, and in Jerusalem, saying, Go forth unto the mount, 
and fetch olive branches, and branches of wild olives, and 
myrtle branches, and palm branches, and branches of thick 
trees, to make booths, as it is written. 

So the people went forth, and brought them, and made 
themselves booths, every one upon the roof of his house, 
and in their courts, and in the courts of the house of 
God, and in the broad place of the water gate, and in 
the broad place of the gate of Ephraim. 



74 Old Testament Law for Bible Students 

And all the assembly of tliein that were come again 
out of the captivity made booths, and dwelt in the booths ; 
for since the days of Jeshua the son of Nun unto that 
day had not the children of Israel done so. And there 
was very great gladness. 

Also day by day, from the first day unto the last day, 
he read in the book of the law of God. And they kept 
the feast seven days : and on the eighth day was a solemn 
assembly, according unto ordinances.'' 

The Law shall be taught to children. 

(D) Dt. 6 '-' ''-^ 11 ^'-^^ 

Preserve the Law without adding to or subtracting 
from. 

(D) Dt. 4' 

Study the Law. 

(D) Dt. 6'-^ 11^'-^^ 

H 

DAMAGES FOR WKOIN^GS Al^D BREACHES OF CdsTTRACT 

Originally the lex talionis, or law of like for like was 
the only one recognized, as may well be imagined in a 
primitive state of society. Gradually there grew up a 
milder system, under which money compensation could 
be made in certain cases for wrongs committed or for 
breach of contract. This section does not include pen- 
alties for crimes, which will be included under the head- 
ing — Criminal Law. 

The development of a graduated system of money com- 
pensations or damages to be substituted for former pen- 
alties marks a decided advance in primitive ideas of 
justice and its administration. 



Damages for Wrongs 75 

Damages 

For maiming person. 

(H) Lev. 24^' 

"And if a man cause a blemish in his neighbor; as he 
hath done, so shall it be done to him;'^ 

For stealing. 

(C) Ex. 22^-^ 
(P) 6'-^ 

For kindling fire which damages property. 
(C) Ex. 22^ 

"If fire break out, and catch in thorns, so that the 
shocks of grain or the standing grain, or the field, are 
consumed he that kindled the fire shall surely make res- 
titution.'' 

For Breach of Trust, dealing and swearing falsely, 
robbery and oppression of neighbor. 
(P) Lev. 6^-' 

"And Jehovah spake unto Moses, saying. 

If any one sin, and commit a trespass against Jehovah, 
and deal falsely with his neighbor in a matter of deposit, 
or of bargain or of robbery, or have oppressed his neigh- 
bor, or have found that which was lost, and deal falsely 
therein, and swear to a lie; in any of all these things 
that a man doeth, sinning therein; then it shall be if 
he hath sinned, and is guilty, that he shall restore that 
which he took by robbery, or the thing which he hath 
gotten by oppression, or the deposit which was committed 
to him or the lost thing which he found, or anything about 
which he hath sworn falsely; he shall even restore it in 
full, and shall add the fifty part more thereto ; unto him 
to whom it appertaineth shall he give it, in the day of his 
being found guilty.'' 

For killing animal. 

(P) Lev. 24^'- '^ 

Animal killing another animal. 
(C) Ex. 21 ''' ^ 



76 Old Testament Lam for Bible Students 

For stolen bailment. 

(C) Ex. 22^2 
For loss of animal falling into a pit. 

(E) Ex. 21^- ^ 
For loss of borrowed property. 

(0) Ex. 22^^ 
What are known as punitive damages in modern law 
were allowed in certain cases, as penalties. 

Double damages 

For stealing. 

(C) Ex. 22* 
^^If tbe theft be found in his hand alive, whether it 
be ox, or ass, or sheep; he shall pay double." 
For trespass by animals. 

(C) Ex. 22' 
20% penalty. 
For breach of trust, etc. 

(P) Lev. 6^-' 
For various wrongs committed. 

(P) Nu. 5^-« 



PEIVATE LAW 

A 

CIVIL LAW 

1 

Domestic Relations 

1. Marriage. Husband and Wife. Divorce 

The family was the unit of Jewish society. This in- 
cluded not only parents and children, but married chil- 
dren living with their parents, grandchildren, concubines 
and their children, servants and their children. 



The marriage relation was recognized from the earliest 

times 
(J) Gen. 2 '' 
"And Jehovah God said, It is not good that the man 
should be alone; I will make him a help meet for him." 
(J) Gen. 2^-^ 
"And Jehovah God caused a deep sleep to fall upon 
the man, and he slept; and he took one of his ribs, and 
closed up the flesh instead thereof; and the rib, which 
Jehovah God had taken from the man, made he a woman, 
and brought her unto the man. 

And the man said, This is now bone of my bones, and 
flesh of my flesh ; she shall be called Woman, because she 
was taken out of man. 

Therefore shall a man leave his father and his mother, 
and shall cleave unto his wife: and they shall be one 
flesb/^ 

77 



78 Old Testament Law for Bible Students 

(P) Nu. 30'-'^^-^^- 
(J) Gen. 16 
(E) Gen. 29^ 
Marriage with captive women permitted. 

(D) Dt. 21^'-^' 
"When thou goest forth to battle against thine enemies, 
and Jehovah thy God delivereth them into thine hands, 
and thou carriest them away captive, and seest among the 
captives a beautiful woman, and thou hast a desire unto 
her, and wouldest take her to thee to wife; then thou 
shalt bring her home to thy house; and she shall shave 
her head, and pare her nails ; and she shall put the raiment 
of her captivity from off her, and shall remain in thy 
house, and bewail her father and her mother a full month : 
and after that thou shalt go in unto her, and be her hus- 
band, and she shall be thy wife.'^ 
Women must marry within the tribe. 

(P) Nu. 36' 
After Seduction. 

(C) Ex. 22^' 

(D) Dt. 22 2^- '' 
Slave could marry master's daughter. 

1 Chr. 2 ''' ''' 

"Now Sheshan had no sons, but daughters. And 
Sheshan had a servant, an Egyptian, whose name was 
Jarha. 

And Sheshan gave his daughter to Jarha his servant 
to wife; and she bare him Attai.'^ 

2 

Polygamy was common 

(J) Gen. 4^ 
"And Lamech took unto him two wives: the name of 
the one was Adah, and the name of the other Zillah.'^ 

1 Ch. 7' 



Polygamy Common 79 

But the High Priest could have only one wife. 
(H) Lev. 21 ^ 

"And he shall take a wife in her virginity." 

Several wives were forbidden kings. 
(D) Dt. 17 '' 

Polygamy continued as late as New Testament times. 

Priests could marry only a virgin. 
(H) Lev. 21 ^'-^' 

The Levirate Law — to marry brother's widow. 
(D) Dt. 25 ^'^ 

"If brethren dwell together, and one of them die, and 
have no son, the wife of the dead shall not be married 
without unto a stranger : her husband's brother shall go in 
unto her, and take her to him to wife, and perform the 
duty of a husband's brother unto her. 

And it shall be, that the firstborn which she beareth 
shall succeed in the name of his brother, that is dead, 
that his name be not blotted out of Israel. 

And if the man like not to take his brother's wife, then 
his brother's wife shall go up to the gate unto the elders, 
and say. My husband's brother refuseth to raise up unto 
his brother a name in Israel; he will not perform the 
duty of my husband's brother unto me. 

Then the elders of his city shall call him, and speak 
unto him : and if he stand, and say, I like not to take her ; 
then shall his brother's wife come unto him in the pres- 
ence of the elders, and loose his shoe from off his foot, 
and spit in his face : and she shall answer and say. So shall 
it be done unto the man that doth not build up his 
brother's house. 

And his name shall be called in Israel, The house of 
him that hath his shoe loosed." 

The purpose of this law is evident — to preserve the 
family, the unit of Jewish life. 



80 Old Testament Law for Bible Students 



Marriage forbidden 

1. As to relationship. 

(D) Dt. 22^ 
^^A man shall not take his father's wife, and shall not 
uncover his father's skirt." 

(D) Dt. 27''- '^' ""' 
(H) Lev. 18 '' ^'' 

OqU 12. 14. 17. 20. 21. 

Yet Abraham married his half sister. 

(E) Gen. 20 '' 

2. With Aliens. 

(D) Dt. 7'-' 
(P) Ex. 34^^- ''• ^'• 
(P) Nu. 25 ^-^ 
Neh. 13 ^-^ 
In earlier times such marriages were not forbidden. 
Both David and Solomon had foreign wives — The pur- 
pose of the later prohibition was no doubt to preserve 
the racial identity. 

3. Priests. 

(H) Lev. 21 '' ''-''' 
The wife under the Hebrew law became virtually the 
property of her husband. She had no legal redress if 
wronged by her husband. 

(D) Dt. 5^^- 

"Neither shalt thou covet thy neighbor's wife; neither 
shall thou covet thy neighbor's house." 

(E) Ex. 20'^- 

But practically wives were given much liberty and in 
numerous instances exercised great influence. 

Divorce 

Divorce was recognized, but was allowed only to the 
husband. 



Parent and Child 81 

(H) Lev. 21 '* 22 '' 

(C) Ex. 21^-^ 

(D) Dt. 21'°-'* 
Dt. 24'-' 

"When a man taketh a wife, and marrieth her, then 
it shall be, if she find no favor in his eyes, because he 
hath found some unseemly thing in her, then he shall write 
her a bill of divorcement, and give it in her hand, and 
send her out of his house. 

And when she is departed out of his house, she may 
go and be another man's wife. 

And if the latter husband hate her, and write her a 
bill of divorcement, and give it in her hand, and send 
her out of his house; or if the latter husband die, who 
took her to be his wife; her former husband, who sent 
her away, may not take her again to be his wife, after 
that she is defiled; for that is abomination before Je- 
hovah: and thou shalt not cause the land to sin, which 
Jehovah thy God giveth thee for an inheritance.'' 

The purpose was no doubt to make divorce somewhat 
difficult by requiring written reasons. 
(P) Nu. 30' 
Jer. 3« 
Is. 50^ 

In case of seduction the husband could not divorce the 
wife. 

(D) Dt. 22^-^- 

2. Parent and Child 

(1) The father's power over his children was absolute, 
even extending to the death penalty. 

Ju. 11 '' 

"And it came to pass at the end of two months, that 
she returned unto her father, who did with her according 
to his vow which he had vowed: and she knew not man. 
And it was a custom in Israel." 



82 Old Testament Law for Bible Students 

He could sell a daughter into slavery. 

(C) Ex. 21^ 
"And if a man sell his daughter to be a maidservant, 
she shall not go out as the menservants do." 
(P) Nu. 30'-' 
"Also when a woman voweth a vow unto Jehovah, and 
bindeth herself by a bond, being in her father's house, in 
her youth, and her father heareth her vow, and her bond 
wherewith she hath bound her soul, and her father 
holdeth his peace at her; then all her vows shall stand, 
and every bond wherewith she hath bound her soul shall 
stand. 

But if her father disallow her in the day that he heareth, 
none of her vows, or of her bonds wherewith she hath 
bound her soul, shall stand: and Jehovah will forgive 
her, because her father disallowed her.'' 

He could arrange for the marriage of his sons. 

(J) Gen. 24^ 
"But thou shalt go unto my country, and to my kin- 
dred, and take a wife for my son Isaac." 
. (P) Gen. 28' 
Ju. 14' 
(2) Honor due to parents. 

(C) Ex. 20^' 

"Honor thy father and thy mother, that thy days may 
be long in the land which Jehovah thy God giveth thee." 

(D) Dt. 5 ^' 

2"]^ 18-21 2Y 16 

(C) Ex. 21 ''• ^' 
(H) Lev. 19' 20' 

3. Master and Servant 

Servants bought. 

(C) Ex. 21'-* 
"If thou buy a Hebrew servant, six years he shall serve ; 
and in the seventh he shall go out free for nothing. 



Master and Servant 83 

If lie come in by himself, lie shall go out by him- 
self ; if he be married, then his wife shall go out with 
him. 

If his master give him a wife, and she bear his sons 
or daughters; the wife and her children shall be her 
master's, and he shall go out by himseK/' 
(C) Ex. 21^- '• 

If Jews were slaves they were to be redeemed. 
(H) Lev. 25''-'' 

Redemption of. 

(C) Ex. 21^-' 

"And if a man sell his daughter to be a maidservant, 
she shall not go out as the menservants do. 

If she please not her master, who hath espoused her 
to himself, then shall he let her be redeemed: to sell her 
unto foreign people he shall have no power, seeing he 
hath dealt deceitfully with her." 

(E) Ex. 21'^- ^' 

Freeing of in Sabbatical Year. It will be noted this 
applies to Hebrew slaves, not to foreigners. 

(C) Ex. 21^-^ 

(D) Dt. 15^'-^' 

"If thy brother, a Hebrew man, or a Hebrew woman, 
be sold unto thee, and serve thee six years; then in the 
seventh year thou shalt let him go free from thee. 

And when thou lettest him go free from thee, thou shalt 
not let him go empty : thou shalt furnish him liberally out 
of thy flock, and out of thy threshing floor, and out 
of thy winepress; as Jehovah thy God hath blessed thee 
thou shalt give unto him. 

And thou shalt remember that thou wast a bondman 
in the land of Egypt, and Jehovah thy God redeemed 
thee: therefore I command thee this thing to-day. 

And it shall be, if he say unto thee, I will not go away 
from thee ; because he loveth thee and thy house, because 
he is well with thee; then thou shalt take an awl, and 
thrust it through his ear unto the door, and he shall be 



84 Old Testament Law for Bible Students 

thy servant for ever. And also unto thy maidservant 
thou shalt do likewise. 

It shall not seem hard unto thee, when thou lettest 
him go free from thee; for to the double of the hire 
of a hireling hath he served thee six years : and Jehovah 
thy God shall bless thee in all that thou doest.^^ 

Jer. 34^-^^ 

In the year of Jubilee. 

(P) Lev. 25 ''• ^• 

The provisions for freeing slaves every seven years 
apparently contradicts these rules for freeing them in the 
year of Jubilee. It may be the former could not be 
enforced and the greater period was adopted to soften 
down the rule. Even then it was not strictly observed. 

Injuries to slaves punished. 

(C) Ex. 21 2°- ^•^- ^•'2- 

"And if a man smite his servant, or his maid, with a 
rod, and he die under his hand; he shall surely be pun- 
ished. 

Notwithstanding, if he continue a day or two, he shall 
not be punished ; for he is his money. 

And if a man smite the eye of his servant, or the eye 
of his maid, and destroy it; he shall let him go free for 
his eye's sake. 

And if he smite out his manservant's tooth, or his 
maidservant's tooth; he shall let him go free for his 
tooth's sake. 

If the ox gore a manservant or a maidservant, there 
shall be given unto their master thirty shekels of silver, 
and the ox shall be stoned." 

Wages of. 

(H) Lev. 19^^^ 

(D) Dt. 24^^- "" 

"Thou shalt not oppress a hired servant that is poor 
and needy, whether he be of thy brethren, or of thy 
sojourners that are in thy land within thy gates: in his 
day thou shalt give him his hire, neither shall the sun 



Laws of Inheritance 85 

go down upon it; (for he is poor, and setteth his heart 
upon it;) lest he cry against thee unto Jehovah, and it 
be sin unto thee." 
Religious rights. 

(P) Ex. 12*^-** 

(D) Dt. 12^^- ^' 

;^glO. 11 

(H) Lev. 22 '°^ 
25' 
Fugitive Slaves. Not returned. 
(D) Dt. 23 ''' '' 
"Thou shalt not deliver unto his master a servant that 
is escaped from his master unto thee: he shall dwell 
with thee, in the midst of thee, in the place which he 
shall choose within one of thy gates, where it pleaseth 
him best: thou shalt not oppress him." 

2 

Laws of Inheritance 

Historical Note 

The laws relating to the descent of property upon the 
death of the owner have varied widely in different na- 
tions and periods of the world's history. The question 
was not important among primitive peoples where ac- 
cumulations of property were small. But as men acquired 
fixed abodes and stable political conditions enabled them 
to amass property it was inevitable the question should 
assume importance. Where community rights were held 
paramount to the rights of individuals, as in a tribal stage 
of development, the individual could not alienate his 
property from the family or tribe. To do so would im- 
peril the tribal life. There were therefore rules against 
selling land in perpetuity or willing it out of the tribe. 
Most ancient peoples had laws requiring the periodical 



86 Old Testament Law for Bible Students 

redistribution of land. The early laws of the Jews con- 
tained these provisions^ evidently designed to keep all 
property within the respective tribes and their constituent 
families. It served the purpose fairly well, although it 
was not thoroughly enforced and was often evaded. 

In later ages the Jews became individualists as to 
property, stoutly claiming for each man the right to do 
as he pleased with his ovtu. 

In a more complex society social questions and con- 
siderations began to assert themselves. In many nations 
it has been observed that parents were disposed to leave 
their property to the oldest son or to a favorite child, 
thus tending to build up vast estates, the existence of 
which affected the well being of the community. The 
balance between the individual right of disposition and 
social control varies according to the numbers of in- 
habitants in a country, their wealth, industries, economic 
organization and stage of development. 

In countries where a landed aristocracy is regarded 
as the foundation of national strength and security, pri- 
mogeniture is adopted to secure this end as in England. 
Where a general diffusion of wealth among small land- 
owners is deemed of vital importance, as in France, there 
will be laws preventing a father from preferring any of 
his children by will, and prescribing an equal division 
of his property at death. Laws on this subject will nec- 
essarily be dictated by the national genius and ideals and 
by social and economic conditions. 

Where states have assumed the right to prescribe the 
rules of descent it has been usually based on the theory 
that the individual has an inherent right to accumulate 
and own property, but no vested or natural right to do 
as he pleases with it after it passes into other hands. 
In other words inheritance is a legal, not a natural, right, 
and may be regulated to suit the needs and purposes of 
the community. 

Another important phase of this subject is the right of 



Wills 87 

the surviving wife. Originally among the Jews she 
could not own property or inherit from her husband. 
And yet while she had but few strictly legal rights her 
position in many cases was an important one in the 
family and tribe. The growth of laws relating to the 
rights of widows has been slow and gradual among all 
peoples, and makes a fascinating study which throws 
much light on their general progress in humanity and 
civilization. 



Wills 

There was little power of the disposition of property 
by will among the Jews. The law of Primogeniture pre- 
vailed, the oldest son taking the land and a double por- 
tion of the personalty. Wills, such as we know them in 
modern times were unknown. Perhaps it would be more 
accurate to say the power of disposition of property by 
will was in a very rudimentary state. 
(D) Dt. 21^^- ^^• 

"Then it shall be, in the day that he causeth his sons 
to inherit that which he hath, that he may not make the 
son of the beloved the firstborn before the son of the 
hated, who is the firstborn: but he shall acknowledge the 
firstborn, the son of the hated, by giving him a double 
portion of all that he hath: for he is the beginning of 
his strength; the right of the firstborn is his." 

A father could convey property to his oldest son but 
could not deprive him of his legal share of the property 
or divert his share. 

(D) Dt. 21 ''-'' 

Yet Abraham gave all his property to Isaac who was 
not his oldest son. 

(J) Gen. 25^ 

"And Abraham gave all that he had unto Isaac." 



88 Old Testament Law for Bible Students 

To his other children he gave gifts. 

(J) Gen. 25' 
"But unto the sons of the concubines, that Abraham 
had, Abraham gave gifts; and he sent them away from 
Isaac his son, while he yet lived, eastward, unto the east 
country.'^ 

A father could, however, divide his personal property 
among his children. In some cases he could transfer the 
birthright to another son. 

(E) Gen. 21^^ 
"Wherefore she said unto Abraham, Cast out this hand- 
maid and her son : for the son of this handmaid shall not 
be heir with my son, even with Isaac.'' 
(J) Gen. 27'' 
"And Isaac answered and said unto Esau, Behold, I 
have made him thy lord, and all his brethren have I 
given to him for servants ; and with grain and new wine 
have I sustained him : and what then shall I do for thee, 
my son ?'' 

1 Ch. 5 ^ 
1 K. 11 ^^^ 
But this was prohibited in the Deuteronomic Code. 
(D) Dt. 21^^-^' 



Intestate Estates, Descent of Property to Heirs 

The wife was not an heir of her husband, much less of 
a child dying before she did. 

In some cases she seemed to descend as property to the 
next heir or owner of the land, a fact also related to the 
Levirate law. 

Kuth 4^-^ 

"ITow Boaz went up to the gate, and sat him down 
there: and, behold, the near kinsman of whom Boaz 
spake came by; unto whom he said, Ho, such a one! 



Descent of Property 89 

turn aside, sit down here. And he turned aside, and sat 
down. 

And he took ten men of the elders of the city, and said, 
Sit ye down here. And they sat down. 

Ajid he said unto the near kinsman, Naomi, that is 
come again out of the country of Moab, selleth the parcel 
of land, which was our brother Elimelech's: 

And I thought to disclose it unto thee, saying. Buy it 
before them that sit here, and before the elders of my 
people. If thou wilt redeem it, redeem it: but if thou 
wilt not redeem it, then tell me, that I may know: for 
there is none to redeem it besides thee; and I am after 
thee. And he said, I will redeem it. 

Then said Boaz, What day thou buyest the field of the 
hand of Naomi, thou must buy it also of Ruth the 
Moabitess, the wife of the dead, to raise up the name of 
the dead upon his inheritance. 

And the near kinsman said, I cannot redeem it for 
myself, lest I mar mine own inheritance: redeem thou 
my right of redemption on thee: for I cannot redeem it. 

Now this was the custom in former time in Israel 
concerning redeeming and concerning exchanging, to con- 
firm all things; a man plucked off his shoe, and gave 
it to his neighbor ; and this was the manner of attestation 
in Israel. 

So the near kinsman said unto Boaz, Buy it for thyseK, 
and he drew off his shoe. 

And Boaz said unto the elders, and unto all the people, 
Ye are witnesses this day, that I have bought all that 
was Elimelech's and all that was Chilion's and Mahlon's, 
of the hand of Naomi. 

Moreover Ruth the Moabitess, the wife of Mahlon, have 
I purchased to be my wife, to raise up the name of the 
dead upon his inheritance, that the name of the dead be 
not cut off from among his brethren, and from the gate 
of his place: ye are witnesses this day. 

And all the people that were in the gate, and the elders, 



90 Old Testament Law for Bible Students 

said. We are witnesses. Jehovah make the woman that 
is come into thy house like Rachel and like Leah, which 
two did build the house of Israel: and do thou worthily 
in Ephratah, and be famous in Bethlehem; and let thy 
house be like the house of Perez, whom Tamar bare unto 
Judah, of the seed which Jehovah shall give thee of this 
young woman/^ 

The law of Primogeniture has been stated above. 
(D) Dt. 21^'-^^ 

Under the Levirate law the first son of the brother 
became heir of the first husband. 
(D) Dt. 25 '' '' 

"If brethren dwell together, and one of them die, and 
have no son, the wife of the dead shall not be married 
without unto a stranger: her husband's brother shall go 
in unto her, and take her to him to wife, and perform 
the duty of a husband's brother unto her. 

And it shall be, that the firstborn that she beareth shall 
succeed in the name of his brother that is dead, that his 
name be not blotted out of Israel." 

Euth 4 '' 

When there was no son the inheritance went to the 
daughters. 

(P) Nu. 27'-' 

If there were neither son nor daughters the inheritance 
was much the same as under modern rules of collateral 
inheritance. 

(P) l^u. 27^'' 

"And Moses brought their cause before the Lord. 

And Jehovah spake unto Moses, saying, 

The daughters of Zelophehad speak right: thou shalt 
surely give them a possession of an inheritance among 
their father's brethren; and thou shalt cause the inherit- 
ance of their father to pass unto them. 

And thou shalt speak unto the children of Israel, say- 
ing, If a man die, and have no son, then ye shall cause 
his inheritance to pass unto his daughter. 



Who Were Heirs 91 

And if lie have no daughter, then ye shall give his in- 
heritance unto his brethren. 

And if he have no brethren, then ye shall give his in- 
heritance unto his father's brethren. 

And if his father have no brethren, then ye shall give 
his inheritance unto his kinsman that is next to him of 
his family, and he shall possess it: and it shall be unto 
the children of Israel a statute and ordinance, as Jehovah 
commanded Moses." 

It will be observed no reference is made to the Mother's 
relatives. 

In most modern states where there are no direct heirs 
the property passes to the brothers and sisters if living, 
if not to their children and so on down the collateral 
lines of descent. 

The son of a concubine could inherit. 
(E) Gen. 21^° 

Wherefore she said unto Abraham, Cast out this hand- 
maid and her son : for the son of this handmaid shall 
not be heir with my son, even with Isaac." 

1 Ch. 5' 

On the other hand see 

Ju. 11 ' 

"And Gilead's wife bare him sons ; and when his wife's 
sons grew up, they drove out Jephthah, and said unto 
him. Thou shalt not inherit in our father's house; for 
thou art the son of another woman." 

A maid could be the heir of her mistress. 

Pr. 30 ^^ 

"And a handmaid that is heir to her mistress." 

And a slave could inherit. 

(E) Gen. IS'"* 

"After these things the word of Jehovah came unto 
Abram in a vision, saying. Fear not, Abram: I am thy 
shield and thy exceeding great reward. 

And Abram said, O Lord Jehovah, what wilt thou give 



92 Old Testament Law for Bible Students 

me, seeing I go childless, and he that shall be possessor 
of my house is this Eliezer of Damascus ? 

And Abram said, Behold, to me thou hast given no 
seed: and, lo, one born in my house is mine heir. 

And, behold, the word of Jehovah came unto him, 
saying. This man shall not be thine heir; but he that 
shall come forth out of thine own bowels shall be thine 
heir.'^ 

Also bondmen could be inherited. 
(H) Lev. 25 '' 

The inheritance of one tribe could not be transferred 
to another tribe but each tribe keeps its own land. 
(P) Nu. 36 ^-^ 

^^And the heads of the fathers' houses of the family 
of the children of Gilead, the son of Machir, the son 
of Manasseh, of the families of the sons of Joseph, came 
near, and spake before Moses, and before the princes, the 
heads of the fathers' houses of the children of Israel : and 
they said, Jehovah commanded my lord to give the land 
for inheritance by lot to the children of Israel: and my 
lord was commanded by Jehovah to give the inheritance 
of Zelophehad our brother unto his daughters. 

And if they be married to any of the sons of the other 
tribes of the children of Israel, then will their inheritance 
be taken away from the inheritance of our fathers, and 
will be added to the inheritance of the tribe whereunto 
they shall belong : so will it be taken away from the lot of 
our inheritance. 

And when the jubilee of the children of Israel shall be, 
then will their inheritance be added unto the inheritance 
of the tribe whereunto they shall belong: so will their 
inheritance be taken away from the inheritance of the 
tribe of our fathers. 

And Moses commanded the children of Israel accord- 
ing to the word of Jehovah, saying. The tribe of the sons 
of Joseph speaketh right. 



Who Were Heirs 93 

This is the thing which Jehovah doth command con- 
cerning the daughters of Zelophehad, saying, Let them 
be married to whom they think best ; only in to the family 
of the tribe of their father shall they be married. 

So shall no inheritance of the children of Israel re- 
move from tribe to tribe: for the children of Israel shall 
cleave every one to the inheritance of the tribe of his 
fathers. 

And every daughter, that possesseth an inheritance in 
any tribe of the children of Israel, shall be wife unto 
one of the family of the tribe of her father, that the 
children of Israel may possess every man the inheritance 
of his fathers. 

So shall no inheritance remove from one tribe to an- 
other tribe; for the tribes of the children of Israel shall 
cleave every one to his own inheritance. 

Even as Jehovah commanded Moses, so did the daugh- 
ters of Zelophehad : for Mahlah, Tirzah, and Hoglah, and 
Milcah, and l^oah, the daughters of Zelophehad, were 
married unto their father's brother's sons: 

They were married into the families of the sons of 
Manasseh the son of Joseph; and their inheritance re- 
mained in the tribe of the family of their father." 

A prince could give property to his sons which would 
then be their inheritance, but not to a servant. 

Ezek. 46''-'' 

"Thus saith the Lord Jehovah; If the prince give a 
gift unto any of his sons, it is his inheritance, it shall 
belong to his sons; it is their possession by inheritance. 

But if he give of his inheritance a gift to one of his 
servants, it shall be his to the year of liberty; then it 
shall return to the prince; but as for his inheritance, it 
shall be for his sons." 

A prince could not confiscate the inheritance of his 
people. 

Ezek. 46 '« 

"Moreover the prince shall not take of the people's in- 



94 Old Testament Law for Bible Students 

heritance, to thrust them out of their possession ; lie shall 
give inheritance to his sons out of his own possession, that 
my people be not scattered every man from his posses- 
sion/^ 

Laws of inheritance refer chiefly to landed property. 
There was but little personal property of value. The 
land was the principal possession of the Hebrews. 



Beal Property 

1. Definition and Historical Note. 

By real property we mean land and the buildings and 
improvements attached to the land. This together with, 
their flocks and herds constituted the principal posses- 
sions of the ancient Hebrews. They had not accumulated 
stores of wealth such as stocks of merchandise, money, 
expensive household furniture or luxuries. They had no 
factories and no banks. The nation was comparatively 
poor. On account of the uncertainty of rain and the 
barrenness of the soil they were in constant danger of 
famine. Many of the illustrations in their great pro- 
phetic literature were of the parched desert, and the joy- 
fulness of the ^^earlier and the later rain," things that 
were of the utmost importance in their economic lives. 

The Jews were given Canaan as an inheritance by 
Yahweh. To them it was a sacred land. They were 
taught to cherish it as part of their divine inheritance, 
and were forbidden to alienate it. They could not sell 
land to strangers, that is, foreigners. Even transfers 
from one tribe of the Jews to another were carefully pre- 
vented. 

Originally Canaan was given to the various tribes by 
lot. The tribes retained permanently the lands thus ac- 
quired and in turn allotted them to individual owners. 
These individuals held title, however, only as representa- 
tive of the tribe, not by absolute ownership and control. 



Allotment of Land 95 

To prevent foreign ownership the land could not be sold 
in perpetuity. Every sale had to provide for the re- 
demption of the land in the year of jubilee or at the end 
of one year in cases of lands and houses in walled towns. 
Sales therefore were little more than mortgages running 
to the period of redemption. Transfers of land were not 
necessary as there was little accumulation of property and 
practically no moving about from one place to another. 
The Jews were pretty well anchored to their ancestral 
homes. 

A thorough knowledge of Jewish life and national 
conditions will enable us to understand the following rules 
which were laid down for the use, control anl transfer 
of land. 

2. Allotment Among Tribes. 

Canaan by command of Jehovah was allotted among 
the various tribes. 

(P) N'u. 26''-^ 

"And Jehovah spake unto Moses, saying. 

Unto these the land shall be divided for an inheritance 
according to the number of names. 

To the more thou shalt give the more inheritance, and 
to the fewer thou shalt give the less inheritance : to every 
one according to those that were numbered of him shall 
his inheritance be given. 

ISTotwithstanding, the land shall be divided by lot: ac- 
cording to the names of the tribes of their fathers they 
shall inherit. 

According to the lot shall their inheritance be divided 
between the more and the fewer." 
(P) Nu. 33^ 

"And ye shall inherit the land by lot according to your 
families; to the more ye shall give the more inheritance, 
and to the fewer ye shall give the less inheritance : where- 
soever the lot falleth to any man, that shall be his; ac- 
cording to the tribes of your fathers shall ye inherit.'' 



96 Old Testament Law for Bible Students 

(P) l^u. 36 ' 
Josh. 18^-^^ 

^^And there remained among the children of Israel 
seven tribes, which had not yet divided their inheritance. 

And Joshua said unto the children of Israel, How long 
are ye slack to go to possess the land, which Jehovah, 
the God of your fathers, hath given you? 

Appoint for you three men of each tribe; and I will 
send them, and they shall arise, and walk through the 
land, and describe it according to their inheritance; and 
they shall come unto me. 

And they shall divide it into seven portions: Judah 
shall abide in his border on the South, and the house of 
Joseph shall abide in their border on the North. 

And ye shall describe the land into seven portions, 
and bring the description hither to me; and I will cast 
lots for you here before Jehovah our God. 

For the Levites have no portion among you: for the 
priesthood of Jehovah is their inheritance: and Gad and 
Reuben, and the half-tribe of Manasseh, have received 
their inheritance beyond the Jordan eastward, which 
Moses the servant of Jehovah gave them. 

And the men arose, and went; and Joshua charged 
them that went to describe the land, saying. Go and 
walk through the land, and describe it, and come again 
to me; and I will cast lots for you here before Jehovah 
in Shiloh. 

And the men went and passed through the land, and 
described it by cities into seven portions in a book; and 
they came to Joshua into the camp at Shiloh. 

And Joshua cast lots for them in Shiloh before Jehovah : 
and there Joshua divided the land unto the children of 
Israel according to their divisions.'' 

Title could not be transferred to another tribe by mar- 
riage or by sale. If sold it returned in the Jubilee. 
(P) ITu. 36^^ 

"And when the jubilee of the children of Israel shall 



Perpetuities 97 

be, then will their inheritance be added nnto the in- 
heritance of the tribe whereunto they shall belong : so will 
their inheritance be taken away from the inheritance 
of the tribe of our fathers. 

And Moses commanded the children of Israel accord- 
ing to the word of Jehovah, saying, The tribe of the sons 
of Joseph speaketh right. 

This is the thing which Jehovah doth command con- 
cerning the daughters of Zelophehad, saying, Let them 
be married to whom they think best; only to the family 
of the tribe of their father shall they be married. 

So shall no inheritance of the children of Israel re- 
move from tribe to tribe: for every one of the children 
of Israel shall cleave every one to the inheritance of the 
tribe of his fathers.'' 

The land was allotted to families. 
(P) Nu. 33^ 
Jos. 13 ^-^ 
18 '-'' 
For the allotment of land after the exile see 

Ezek. 45 '■', 46 ''-'\ 47. 
Share of Levites consisted of the cities and suburbs. 
(P) l^u. 35'-^ 
Jos. 21 '-'' 
Levites as individuals had no inheritance. 
(D) Dt. 18^-'- 

3. Sale of land. Law against Perpetuities. 
(P) Gen. 23'-^ 

Jer. 32 ^^- ''' ** 
Under the Levitical Law the land could not be sold 
in perpetuity — that is the seller must reserve in his deed 
the right to redeem it upon payment of a stipulated sum. 
(H) Lev. 25 ^^ 
"And the land shall not be sold in perpetuity; for the 
land is mine; for ye are strangers and sojourners with 
me. 



98 Old Testament Law for Bible Students 

And in all the land of your possession ye shall grant 
a redemption for the land. 

If thy brother be waxed poor, and sell some of his 
possession, then shall his kinsman that is next unto him 
come, and shall redeem that which his brother hath sold. 

And if a man have no one to redeem it, and he be 
waxed rich and find sufficient to redeem it; then let him 
reckon the years of the sale thereof, and restore the over- 
plus unto the man to whom he sold it ; and he shall return 
unto his possession. 

But if he be not able to get it back for himself, then 
that which he hath sold shall remain in the hand of him 
that hath bought it until the year of jubilee: and in the 
jubilee it shall go out, and he shall return unto his pos- 
session.'^ 

In the case of houses in a walled city only one year 
was allowed for redemption, after which if not redeemed 
the land was held by the purchaser in perpetuity. The 
theory seems to have been that houses represented an ac- 
cumulation of personal property rather than real property. 
(H) Lev. 25 ^"^^ 

^^And if a man sell a dwellinghouse in a walled city, 
then he may redeem it within a whole year after it is 
sold; for a full year shall he have the right of redemp- 
tion. 

And if it be not redeemed within the space of a full 
year, then the house that is in the walled city shall be 
made sure in perpetuity to him that bought it, through- 
out his generations : it shall not go out in the jubilee. 

But the houses of the villages which have no wall round 
about them shall be reckoned with the fields of the coun- 
try: they may be redeemed, and they shall go out in the 
jubilee.'' 

The land itself could not be sold, only its produce com- 
puted to the year of Jubilee. This was the effect of 
these provisions. 

(H) Lev. 25 ''' ''' ^ 



Sale of Land 99 

"According to the number of years after the jubilee 
thou shalt buy of thy neighbor, and according unto the 
number of years of the crops he shall sell unto thee. 

According to the multitude of years thou shalt increase 
the price thereof, and according to the fewness of years 
thou shalt diminish the price of it: for the number of 
the crops doth he sell unto thee. 

But the field of the suburbs of their cities may not be 
sold; for it is their perpetual possession.'^ 
(P) Lev. 21''-^' 

"And if a man shall sanctify unto Jehovah part of 
the field of his possession, then thy estimation shall be 
according to the sowing thereof: the sowing of a homer 
of barley shall be valued at fifty shekels of silver. 

If he sanctify his field from the year of jubilee, ac- 
cording to thy estimation it shall stand. 

But if he sanctify his field after the jubilee, then the 
priest shall reckon unto him the money according to the 
years that remain, unto the year of the jubilee; and an 
abatement shall be made from thy estimation. 

And if he that sanctified the field will indeed redeem 
it, then he shall add the fifth part of the money of thy 
estimation unto it, and it shall be assured to him. 

And if he will not redeem the field, or if he have 
sold the field to another man, it shall not be redeemed 
any more.'^ 

In one case the title seems to have been inalienable — 
at least not subject to forced sale to the prince — what we 
designate to-day by the legal phrase. Eminent Domain. 
By this is meant the right of the state to seize lands for 
public purposes by paying proper compensation. If there 
was a forced sale the nearest kinsman had the right to 
buy. 

Jer. 32^-^^ 
1 K 21 ^ 

"And Naboth said to Ahab, Jehovah forbid it me, that 
I should give the inheritance of my fathers unto thee. 



100 Old Testament Law for Bible Students 

And Ahab came into his house heavy and displeased 
because of the word which Naboth the Jezreelite had 
spoken to him : for he had said, I will not give thee the 
inheritance of my fathers. And he laid him down upon 
his bed, and turned away his face, and would eat no 
bread/^ 

A Prince's gift to his servants shall be redeemed. 

Ezek. 46^^ 

^^But if he give of his inheritance a gift to one of 
his servants, then it shall be his to the year of liberty; 
then it shall return to the prince: but as for his inherit- 
ance, it shall be for his sons. 

The following were the rules established for the 

4. Redemption of Lands. (See note at the head of 
this chapter.) 

(H) Lev. 25''' ^^• 
25 '' '' ''• 
"And thou shalt number seven sabbaths of years unto 
thee, seven times seven years; and there shall be unto 
thee the days of seven sabbaths of years, even forty and 
nine years. 

Then shalt thou send abroad the loud trumpet on the 
tenth day of the seventh month; in the day of atonement 
shall ye send abroad the trumpet throughout all your 
land. 

And ye shall hallow the fiftieth year, and proclaim 
liberty throughout the land unto all the inhabitants 
thereof: it shall be a jubilee unto you; and ye shall 
return every man unto his possession, and ye shall re- 
turn every man unto his family. '^ 
(H) Lev. 25 ^'^ 
Jer. 32^-^^ 
Ruth 4^-*^- 
The Levites might redeem land at any time. 

(H) Lev. 25 ''-'' 
"JsTotwithstanding the cities of the Levites, the houses 



Modes of Transfer 101 

of the cities of their possession, may the Levites redeem 
at any time.'^ 

Land sanctified to Jehovah, could be redeemed upon 
payment of the sum received plus 20%. 
(P) Lev. 27 ''' '' 

"And when a man shall sanctify his house to be holy 
unto Jehovah, then the priest shall estimate it, whether 
it be good or bad : as the priest shall estimate it, so shall 
it stand. 

And if he that sanctified it will redeem his house, then 
he shall add the fifth part of the money of thy estima- 
tion unto it, and it shall be his." 

Land devoted to Jehovah — that is for the use of the 
priests — could not be redeemed. 
(P) Lev. 27^ 

"Notwithstanding, no devoted thing, that a man shall 
devote unto Jehovah of all that he hath, whether of 
man or beast, or of the field of his possession, shall be 
sold or redeemed: every devoted thing is more holy unto 
Jehovah." 

If no redemption be made or if the field is sold to 
another no further redemption could be made. 
(P) Lev. 27''-'' 

"And if he will not redeem the field, or if he have 
sold the field to another man, it shall not be redeemed 
any more : but the field, when it goeth out in the jubilee, 
shall be holy unto Jehovah, as a field devoted; the pos- 
session thereof shall be the priest's." 

Amount required to redeem. 

(P) Lev. 27''-'' 

5. Modes of Transfer and Recording. 

A particular instance of a sale of real estate. 

(P) Gen. 23 ''"^ 
"And Abraham stood up, and bowed himself to the 
people of the land, even to the children of Heth. 

And he communed with them, saying. If it be your 



102 Old Testament Law for Bible Students 

mind that I should bury my dead out of my sight, hear 
me, and entreat for me to Ephron the son of Zohar, that 
he may give me the cave of Machpelah, which he hath, 
which is in the end of his field; for the full price let 
him give it to me in the midst of you for a possession 
of a buryingplace. 

JSTow Ephron was sitting in the midst of the children 
of Heth; and Ephron the Hittite answered Abraham in 
the audience of the children of Heth, even of all that went 
in at the gate of his city, saying, 

JSTay, my lord, hear me : the field give I thee, and the 
cave that is therein, I give it thee; in the presence of 
the children of my people give I it thee: bury thy dead. 

And Abraham bowed down himself before the people 
of the land. 

And he spake unto Ephron in the audience of the 
people of the land, saying, But if thou wilt, I pray thee, 
hear me : I will give the price of the field ; take it of me, 
and I will bury my dead there. 

And Ephron answered Abraham, saying unto him. My 
lord, hearken unto me: a piece of land worth four hun- 
dred shekels of silver ; what is that betwixt me and thee ? 
bury therefore thy dead. 

And Abraham hearkened unto Ephron; and Abraham 
weighed to Ephron the silver, which he had named in the 
audience of the children of Heth, four hundred shekels 
of silver, current money with the merchant. 

So the field of Ephron, which was in Machpelah, which 
was before Mamre, the field, and the cave which was 
therein, and all the trees that were in the field, that were 
in all the border thereof round about, were made sure: 
unto Abraham for a possession in the presence of the chil- 
dren of Heth, before all that went in at the gate of his 
city. 

And after this, Abraham buried Sarah his wife in the 
cave of the field of Machpelah before Mamre, (the same 
is Hebron) in the land of Canaan. 



Modes of Transfer 103 

And the field, and the cave that is therein, were made 
sure unto Abraham for a possession of a buryingplace 
by the children of Heth." 

(1) Deed and mode of transfer. 

Jer. 32 ^-^V 

"And I bought the field that was in Anathoth of 
Hanamel my uncle's son, and weighed him the money, 
even seventeen shekels of silver. 

And I subscribed the deed, and sealed it, and called 
witnesses, and weighed him the money in the balances. 

So I took the deed of the purchase, both that which 
was sealed according to the law and custom, and that 
which was open ; and I delivered the deed of the purchase 
unto Baruch, the son of Neriah, the son of Mahseiah, in 
the presence of Hanamel mine uncle's son, and in the 
presence of the witnesses that subscribed the deed of the 
purchase, before all the Jews that sat in the court of the 
guard. 

And I charged Baruch before them, saying. Thus saith 
Jehovah of hosts, the God of Israel; Take these deeds, 
this deed of the purchase which is sealed, and this deed 
which is open, and put them in an earthen vessel; that 
they may continue many days." 

Euth 4^-^ 

"And he said unto the near kinsman, Naomi, that is 
come again out of the country of Moab, selleth the parcel 
of land, which was our brother Elimelech's ; and I thought 
to disclose it unto thee, saying, Buy it before them that 
sit here, and before the elders of my people. If thou wilt 
redeem it, redeem it: but if thou wilt not redeem it, 
then tell me, that I may know: for there is none to 
redeem it besides thee; and I am after thee. And he 
said I will redeem it. 

Then said Boaz, What day thou buyest the field of 
the hand of N"aomi, thou must buy it also of Ruth the 
Moabitess, the wife of the dead, to raise up the name 
of the dead upon his inheritance. 



104 Old Testament Law for Bible Students 

And the near kinsman said, I cannot redeem it for 
myself, lest I mar mine own inheritance; take thou my 
right of redemption on thee; for I cannot redeem it. 

ITow this waj the custom in former time in Israel con- 
cerning redeeming and concerning exchanging, for to con- 
firm all things; a man drew off his shoe, and gave it 
to his neighbor: and this was the manner of attestation 
in Israel. 

So the near kinsman said unto Boaz, Buy it for thyself, 
and he drew off his shoe. 

And Boaz said unto the elders, and unto all the people, 
Ye are witnesses this day, that I have bought all that 
was Elimelech's, and all that was Chilion's and Mahlon's, 
of the hand of Naomi.'' 

(2) Delivery of Deed. 

Jer. 32^2 
"And I delivered the deed of the purchase unto Baruch 
the son of Neriah, the son of Mahseiah, in the sight of 
Hanamel mine uncle's son, and in the presence of the 
witnesses that subscribed the book of the purchase, before 
all the Jews that sat in the court of the guard." 

(3) Recording Deed. 

Jer. 32 '* 
"Thus saith Jehovah of hosts, the God of Israel ; Take 
these deeds, this deed of the purchase, which is sealed, 
and this deed which is open ; and put them in an earthen 
vessel; that they may continue many days." 

(4) Mortgages. 

Neh. 5 2-^ 

"For there were that said. We, our sons, and our 
daughters, are many; let us get grain, that we may eat, 
and live. 

Some also there were that said. We are mortgaging 
our fields, and our vineyards, and our houses : let us get 
grain, because of the dearth. 

There were also that said. We have borrowed money 



The Sahhatical Year 105 

for the king's tribute, upon our fields and our vineyards. 
Yet now our flesh is as the flesh of our brethren, our 
children as their children : and, lo, we bring into bondage 
our sons and our daughters to be servants, and some of 
our daughters are brought into bondage already: neither 
is it in our power to help it; for other men have our 
fields and our vineyards." 

6. Sabbatical Tear. 

The custom of letting the land lie fallow is common 
throughout the East, made necessary no doubt by lack of 
fertilizers and knowledge of proper methods of rotating 
crops. 

Enforced rest of land every seventh year. 
(C) Ex. 23''- ^ 

^^And six years thou shalt sow thy land, and shalt 
gather in the increase thereof: but the seventh year thou 
shalt let it rest and lie fallow; that the poor of thy 
people may eat : and what they leave the beast of the field 
shall eat. In like manner thou shalt deal with thy vine- 
yard and with thy oliveyard." 

(H) Lev. 25 ^-' 

"And Jehovah spake unto Moses in mount Sinai, say- 
ing, 

Speak unto the children of Israel, and say unto them. 
When ye come into the land which I give you, then shall 
the land keep a sabbath unto Jehovah. 

Six years thou shalt sow thy field, and six years thou 
shalt prune thy vineyard, and gather in the fruits thereof : 
but in the seventh year shall be a sabbath of solemn rest 
for the land, a sabbath unto Jehovah : thou shalt neither 
sow thy field, nor prune thy vineyard. 

That which groweth of itself of thy harvest thou shalt 
not reap, and the grapes of thy undressed vine thou shalt 
not gather ; it shall be a year of solemn rest for the land. 

And the sabbath of the land shall be for food for you ; 



106 Old Testament Law for Bible Students 

for thee, and for thy servant and for thy maid, and for 
thy hired servant, and for thy stranger, v^ho sojourn with 
thee. 

And for thy cattle, and for the beasts that are in thy 
land, shall all the increase thereof be for food." 
(H) Lev. 25 ''-'' 

"And if ye shall say. What shall we eat the seventh 
year? behold, we shall not sow, nor gather in onr in- 
crease: then I will command my blessing upon you in 
the sixth year, and it shall bring forth fruit for three 
years. 

And ye shall sow the eighth year, and eat yet of the 
fruits, the old store ; until the ninth year, until its fruits 
come in ye shall eat the old store.'' 

Y. Jubilee Year. (See note at the head of this chap- 
ter.) 

Every fiftieth year was a Jubilee year, inaugurated by 
blowing the trumpet on the Day of Atonement. This was 
the tenth day of the seventh month — corresponding broadly 
to our month of October. 

Land shall lie fallow. 

(H) Lev. 25 ^'' ''' 

"A jubilee shall that fiftieth year be unto you: ye 
shall not sow, neither reap that which groweth of itself 
in it, nor gather the grapes in it of the undressed vines. 

For it is a jubilee ; it shall be holy unto you : ye shall 
eat the increase thereof out of the field.'' 

For redemption of land from sale during the year of 
Jubilee see ante. 

4 
Personal Property 



By personal property is meant all property that 
movable, as distinguished from real property which 



IS 

is 



Pledges 107 

fixed, such as houses and lands. As heretofore stated 
there were but little accumulations of personal property 
when the Torah was framed. We should expect accord- 
ingly but few laws relating to this subject. 

1. Sale of personal property. 
Sales recognized. 

(H) Lev. 25 ^* 
"And if thou sell aught unto thy neighbor, or buy 
of thy neighbor's hand, ye shall not wrong one another.'' 
A father could divide personal property among his 
sons. 

(D) Dt. 21 ^' 

2. Mortgages and Pledges of Personal Property. 
Children could be pledged as security for debt. 

2 K. 4'-' 

"Now there cried a certain woman of the wives of 
the sons of the prophets unto Elisha, saying, Thy servant 
my husband is dead; and thou knowest that thy servant 
did fear Jehovah: and the creditor is come to take unto 
him my two children to be bondmen. 

And Elisha said unto her, What shall I do for thee? 
tell me: what hast thou in the house? And she said, 
Thy handmaid hath not any thing in the house, save a 
pot of oil. 

Then he said. Go, borrow thee vessels abroad of all thy 
neighbors, even empty vessels; borrow not a few. 

And thou shalt go in, and shut the door upon thee 
and upon thy sons, and shalt pour out into all those 
vessels; and thou shalt set aside that which is full. 

So she went from him, and shut the door upon her 
and upon her sons; they brought the vessels to her, and 
she poured out. 

And it came to pass, when the vessels were full, that 
she said unto her son, Bring me yet a vessel. And he 
said unto her. There is not a vessel more. And the oil 
stayed. 

Then she came and told the man of God. And he 



108 Old Testament Law for Bible Students 

said, Goj sell the oil, and pay thy debt, and live thou 
and thy sons of the rest." 

Prohibition of pledge of Mill or upper Millstone. 
(D) Dt. 24^ 

"ISTo man shall take the mill or the upper millstone to 
pledge: for he taketh a man's life to pledge.'' 

If the debtor is poor the pledge must be returned be- 
fore sundown. 

(D) Dt. 24^2 

^Thou shalt surely restore to him the pledge when the 
sun goeth down, that he may sleep in his garment and 
bless thee: and it shall be righteousness unto thee before 
Jehovah thy God." 

(C) Ex. 22''- ^ 

"If thou at all take thy neighbor's garment to pledge, 
thou shalt restore it unto him before the sun goeth down : 
for that is his only covering, it is his garment for his 
skin : wherein shall he sleep ? and it shall come to pass, 
when he crieth unto me, that I will hear; for I am 
gracious." 

Modern laws permit a pledge to be retained until the 
debt be paid. The contract pledging personal property 
as security for a debt may be a chattel mortgage, or an 
agreement of pledge, or hypothecation. Such contracts 
are common to-day. 

A creditor must not go into the house of the debtor to 
procure a pledge. 

(D) Dt. 24.''' ''' 

"When thou dost lend thy neighbor any manner of 
loan, thou shalt not go into his house to fetch his 
pledge. 

Thou shalt stand without, and the man to whom thou 
dost lend shall bring forth the pledge without unto 
thee." 

Abuse of taking pledges: 

Job 24^-^ 



Usury 109 

^They drive away the ass of the fatherless; they take 
the widow's ox for a pledge. 

There are that pluck the fatherless from the breast, and 
take a pledge of the poor.'' 

3. Redemption of pledges, 

(D) Dt. 24^^ 



Usury or Interest 

The taking of interest for the loan of money was called 
usury in Bible times. At present usury is taking more 
than the legal rate of interest, the rate permitted being 
fixed by statute. As is well known the taking of interest 
was forbidden among Jews. The reason is apparent when 
we remember the economic conditions of the times. 
Money was not loaned for purposes of trade or invest- 
ment but for the relief of the poor in cases of emergency. 
There was little personal property in existence, little per- 
sonal credit, but little trade, great poverty. Loans under 
such conditions were a form of charity. They were not 
made for purposes of gain in business. 

Compare the treatment of this subject of usury by 
Shakespeare in the Merchant of Venice. 

(1) A Jew was forbidden to take usury from another 
Jew. 

(0) Ex. 22^ 

^^If thou lend money to any of my people with thee 
that is poor, thou shalt not be to him as a creditor ; neither 
shall ye lay upon him interest." 

(D) Dt. 23 ^'^ ^• 

"Thou shalt not lend upon interest to thy brother; 
interest of money, interest of victuals, interest of any 
thing that is lent upon interest. 

Unto a foreigner thou mayest lend upon interest; but 
unto thy brother thou shalt not lend upon interest, that 



110 Old Testament Law for Bible Students 

Jehovah thy God may bless thee in all that thou puttest 
thy hand unto in the land whither thou goest in to pos- 
sess iV^ 

(H) Lev. 25^'^^- 
Social conditions. 

Neh. 5^° 
"And I likewise, my brethren and my servants, do 
lend them money and grain. I pray you, let us leave oflP 
this usury. ^^ 

(2) Usury was allowed to be charged to foreigners. 

(D). Dt. 23^^- 

(3) Penalty for charging. 

]Sreh. 5^ 

"Restore, I pray you, to them even this day, their 
fields, their vineyards, their oliveyards, and their houses, 
also the hundredth part of the money, and of the grain, 
the new wine, and the oil, that ye exact of them.'^ 

This is a restoration of the security for the loan plus 
one per cent penalty. 

(4) Rate of Interest. 

It may be interesting to compare rates of interest in 
other countries. These of course varied greatly in the 
same country from time to time. 

In Babylon 20% for money. 

For grain 25 to 33%. 

For short loans as high as 300%. 

In Egypt 30%). 

In Greece 12% was considered low. 

6 

Debtor and Creditor 

(1) The relation of debtor and creditor was well rec- 
ognized. Debts were contracted chiefly in case of need, 
rather than for investment or trade. 

(2) Release of Debts. 



Debtor and Creditor 111 

(1) This was connnanded for the Sabbatical year. 
(D) Dt. 15 ^-^ ^-^ 

^^At the end of every seven years thou shalt make a 
release. 

And this is the manner of the release : Every creditor 
shall release that which he hath lent unto his neighbor; 
he shall not exact it of his neighbor and his brother; 
because Jehovah's release hath been proclaimed. 

Of a foreigner thou mayest exact it: but whatsoever 
of thine is with thy brother thy hand shall release. '^ 

ITeh. 10'^ 

^^And if the peoples of the land bring wares or any 
grain on the sabbath day to sell, that we would not buy 
of them on the sabbath, or on a holy day: and that we 
would forego the seventh year, and the exaction of everv 
debt.'' 

In the year of Jubilee. 

Freeing of Servants. 

(H) Lev. 25 ''-^ 

"And if thy brother be waxed poor with thee, and sell 
himself unto thee ; thou shalt not make him to serve as a 
bondservant. 

As a hired servant, and as a sojourner, he shall be with 
thee: he shall serve with thee unto the year of jubilee; 
then shall he go out from thee, and his children with 
him, and shall return unto his own family, and unto the 
possession of his fathers shall he return. 

For they are my servants, which I brought forth out 
of the land of Egypt : they shall not be sold as bondmen." 

ISTo release was granted to a foreigner. 
(D) Dt. 15^ 

"Of a foreigner thou mayest exact it: but whatsoever 
of thine is with thy brother thy hand shall release :" 

No release could be granted if fraud was practiced. 

Talmud. 

To prevent a release a legal fiction was invented. If 
the creditor should make a declaration at the time of 



112 Old Testament Law for Bible Students 

making a loan reserving the right to collect independent 
of the Jubilee requirements, these did not apply and the 
debt was not released in the year of Jubilee. 

Talmud. 

(3) Moratorium and Statute of Limitations. 

In the late world war most nations declared a mora- 
torium. This postponed the collection of debts in certain 
cases till after the termination of the war. Some writers 
suppose the Jubilee requirements were only a moratorium 
or suspension of the right to collect, during the year. 
The command, however, is in unequivocal terms and re- 
quires full cancellation of the debt. 

In reality it was an ancient form of what we to-day 
call a Statute of Limitations. This provides that after 
a certain time, varying in different cases, a debt shall 
be outlawed — that is, it cannot be legally enforced. The 
debt is not paid but enforced collection cannot be made. 

The enforcement of the law was evidently difficult, 
(D) Dt. 15'-^' 

7 

Miscellaneous Contracts 

Written contracts were unknown. Agreements were 
made in the presence of witnesses and consisted of a 
simple act of oral understanding. In this respect they 
differed from those used in ancient Babylonia where con- 
tracts were recorded on clay tablets, sometimes placed 
within larger tablets, which were deposited in the temple 
or palace library for record or safe keeping. After the 
Exile the Jews began to trade and to develop some primi- 
tive trade forms and usages, including a rudimentary 
banking or money changing. Numerous branches of the 
law then developed and foreign legal terms were intro- 
duced. For a thorough exposition of the corresponding 



Weights and Measures 113 

laws in Babylonia see chapter 6 of Jastrow's Civilization 
of Babylonia and Assyria. 
Weights and Measures. 

(D) Dt. 25^^^' 

"Thou shalt not have in thy bag diverse weights, a 
great and a small: 

Thou shalt not have in thy house diverse measures, a 
great and a small: 

A perfect and just weight shalt thou have; a perfect 
and just measure shalt thou have: that thy days may be 
long in the land which Jehovah thy God giveth thee. 

For all that do such things, even all that do unright- 
eously, are an abomination unto Jehovah thy God." 

8 

Damages for Breach of Contract 
(See Courts and Legal Procedure) 



B 

CEIMINAL LAW 

1. CEIMES AND THEIE PUNISHMENT 

Introductory Note 

As the Jews were a theocracy^ crime was regarded as 
an offense against Jehovah rather than against the State. 
The Decalogue, The Law of Holiness, the Book of the 
Covenant, and the Deuteronomic Code thus regarded 
crime as a religious and moral rather than a public offense. 
What we regard as crimes against society or the public 
were looked upon as sins against Jehovah. It is only in 
the modern sense that we have classified crimes as crimes 
against individuals, against decency and morality as well 
as crimes of a purely religious nature. Of the latter we 
have but comparatively few in modern codes. 

The conception of crime was also family or tribal 
rather than individual. In the earliest times guilt was 
not regarded as purely personal but was imputed to the 
family or tribe to which the offender belonged. Pun- 
ishment was accordingly social rather than personal. 
When in a later development this latter view became 
prevalent there were established certain cities of refuge to 
which a criminal might flee and be safe from punishment. 

Punishments were at first barbarous, the death penalty 
being infiicted for many crimes we would consider venial. 
There is a curious parallel to this in England where 
two centuries ago there were over a hundred crimes pun- 
ishable by death. In the earliest times human sacrifices 
were common. A growing humaneness and leniency led 
to the substitution of fines and imprisonment for the old 
cruel law of Lex Talionis. 

114 



Crimes Against the Public 115 

There was a gradual development too in modes of legal 
procedure. It is evident that in later times a well ordered 
system of court procedure came into existence. Regular 
trials were had, both sides were heard and well considered 
rules of evidence applied before conviction for crime 
could be had. Thus the rights of individuals gradually 
grew in importance and a more highly developed form 
of society came into existence. By referring the punish- 
ments set out in this chapter to the codes under which 
they were prescribed, and the dates of these codes as set 
out in the preliminary chapter of this book, a good idea 
may be formed as to the extent and rapidity of the growth 
of humanitarian ideas as illustrated in Jewish law. 

2. CRIMES AGAINST THE PUBLIC 

(1) Bribery. 
Forbidden. 

(C) Ex. 23' 

"And thou shalt take no bribe; for a bribe blindeth 
them that have sight, and perverteth the words of the 
righteous." 

(D) Dt. 16^'^- 

"Neither shall thou take a bribe: for a bribe doth 
blind the eyes of the wise, and pervert the words of the 
righteous." 

(D) Dt. 27^ 

"Cursed be he that taketh a bribe to slay an innocent 
person :" 

(2) Perjury. 
Forbidden. 

(D) Dt. 5'^ 
"Neither shalt thou bear false witness against thy 
neighbor." 

(C) Ex. 20 '' 23 ^ 
(H) Lev. 19^ 

(D) Dt. 19^^-2° 



116 Old Testament Law for Bible Students 

"If an unrighteous witness rise up against any man 
to testify against him of wrong-doing, then both the men, 
between whom the controversy is, shall stand before Je- 
hovah, before the priests and the judges that shall be m 
those days; and the judges shall make diligent inquisition; 
and, behold, if the witness be a false witness, and have 
testified falsely against his brother ; then shall ye do unto 
him, as he had thought to do unto his brother: so shalt 
thou put the evil away from the midst of you. 

And those which remain shall hear, and fear, and shall 
henceforth commit no more any such evil in the midst 
of you." 

(3) Defiance of Law, 

(P) N-u. 15^'-^^ 
(D) Dt. 17^-'' 
"And the man that doeth presumptuously, in not 
hearkening unto the priest that standeth to minister there 
before Jehovah thy God, or unto the judge, even that 
man shall die: and thou shalt put away the evil from 
Israel. 

And all the people shall hear, and fear, and do no 
more presumptuously." 
Penalty. 

(D) Dt. 17^-'' 

(4) Perverting and Ohstructing Justice. 

(C) Ex. 23'' '''-'' 
(H) Lev. 19 ''' ''' ^• 

(D) Dt. 16^'^- 

3. OEIMES AGAINST MOKALITY 

(1) Adultery. 

(C) Ex. 20 '* 
"Thou shalt not commit adultery." 

(D) Dt. 5'' 22^-^ 
(H) Lev. 18^ 

20'° 



Crimes Against Morality 117 

/p\ -[ST K 12b. 13a. 15. 18. 21-31 

Penalty. 

(D) Dt. 22 2°-^ 
Death. 

(H) Lev. 20 '' 
^^And the man that committeth adultery with another 
man^s wife, even he that committeth adultery with his 
neighbor's wife, the adulterer and the adulteress shall 
surely be put to death." 

(2)Bape. ^j,^ j,,,,... 

"But if the man find the damsel that is betrothed in 
the field, and the man force her, and lie with her; then 
the man only that lay with her shall die: but unto the 
damsel thou shalt do nothing; there is in the damsel no 
sin worthy of death: for as when a man riseth against 
his neighbor, and slayeth him, even so is this matter:" 

(3) Prostitution. 

(H) Lev. 19 '^-^ ^• 

21 ^* ^^ 
(D) Dt. 23 ''^' 
"There shall be no prostitute of the daughters of Israel." 
(D) Dt. 23 ''• 

^^"^''^- (H) Lev. 21^ ^ 

"And the daughter of any priest, if she profane herself 
by playing the harlot, she profaneth her father: she shall 
be burnt with fire." 

(4) Seduction, 

(C) Ex. 22^^-^^- 

(D) Dt. 22 ^- ^• 

(5) Incest. 

List of persons — 

(H) Lev. 18 ^-^'• 
(D) Dt. 22 '' 



27 



20. 22. 23. 



Penalty, death — 

(H) Lev. 20^- ^- ^^ ''' ^- ^- 



118 Old Testament Law for Bible Students 

(6) Woman Impure. 

(H) Lev. 18" 
20 1' 

(7) Lying. 

(H) Lev. 19"" 

(8) Covetousness. 

(0) Ex. 20" 
(D) Dt. 5^ 

(9) Wearing Dress of Other Sex. 

(D) Dt. 22^ 

(10) Indecent Assault. 

(D) Dt. 25 "-^'' 

(11) Sodomy. 

(D) Dt. 23 ^'"• 
(H) Lev. 18^ 20" 
Penalty. 

(C) Ex. 22" 

(12) Bestiality. 

(C) Ex. 22 " 

(D) Dt. 27^ 

(H) Lev. 18^ 20^-"- 

4. CEIMES AGAINST PEESONS 

(1) Murder. 

(C) Ex. 20" 
"Thou shalt not kill." 

(P) Gen. 9=- '• 

(C) Ex. 21 ^■'^- ^- ^ ^• 

(D) Dt. 5 " 
(D) Dt. 19"-" 
(H) Lev. 24"- ^''• 
(P) Nu. 35 "• ^• 

Penalties. 

Death for premeditated murder. 
(C) Ex. 21 ''■ '"■ 



Crimes Against Persons 119 

"He that smiteth a man^ so that he dieth, shall surely 
be put to death." 

"And if a man come presumptuously upon his neigh- 
bor, to slay him with guile; thou shalt take him from 
mine altar, that he may die/^ 

Murder by instrument. 

(P) Nu. 35 ^^^ 

"But if he smote him with an instrument of iron, so 
that he died, he is a murderer: the murderer shall surely 
be put to death. 

And if he smote him with a stone in the hand, whereby 
a man may die, and he died, he is a murderer: the mur- 
derer shall surely be put to death. 

Or if he smote him with a weapon of wood in the hand, 
whereby a man may die, and he died, he is a murderer: 
the murderer shall surely be put to death. 

The avenger of blood shall himself put the murderer 
to death : when he meeteth him, he shall put him to death. 

But if he thrust him of hatred, or hurled at him, lying 
in wait, so that he died ; or in enmity smote him with his 
hand, so that he died; he that smote him shall surely be 
put to death ; he is a murderer ; the avenger of blood shall 
put the murderer to death, when he meeteth him." 

Killing father or mother. 

(C) Ex. 21^^ 

"And he that smiteth his father, or his mother, shall 
be surely put to death." 

Causing death by miscarriage. 

(C) Ex. 21^ ^ 

Sacrificing child to Molech. 

(H) Lev. 20 '■' 

"Moreover thou shalt say to the children of Israel, 
Whosoever he be of the children of Israel, or of the 
strangers that sojourn in Israel, that giveth of his seed 
unto Molech; he shall surely be put to death: the people 
of the land shall stone him with stones. 

I also will set my face against that man, and will cut 



120 Old Testament Law for Bible Students 

him off from among his people; because he hath given 
of his seed unto Molech, to defile my sanctuary, and to 
profane my holy name. 

And if the people of the land do at all hide their eyes 
from that man, when he giveth of his seed unto Molech, 
and put him not to death; then I will set my face 
against that man, and against his family, and will cut 
him off, and all that play the harlot after him, to play 
the harlot with Molech, from among their people/' 

(2) Manslaughter. 

It will be observed that the Jewish Law recognized the 
different degrees of guilt where human life was taken, a 
distinction worked out carefully in all modem codes. 
Where the killing was without premeditation the offense 
was called manslaughter, as it is to-day. 

(C) Ex. 21^' 

"And if a man lie not in wait, but God deliver him 
into his hand; then I will appoint thee a place whither 
he shall flee.'' 

(P) Nu. 35 '' 
"And Jehovah spake unto Moses, saying, 
For the children of Israel, and for the stranger, and 
for the sojourner among them ; shall these six cities be for 
refuge ; that every one that killeth any person unwittingly 
may flee thither." 

(D) Dt. 19'-' 
Penalty. 





(C) 


Ex. 


2-j^ 18. 19. 20. 






(P) 




35' 

gg 9-15. 22-28 






(D) 


Dt. 


1911-13 




(2 a) Self-defense. 








The right of self-defense seems to have been 


recognized. 




(C) 


Ex. 


22 2 




(3) Rape. 












(D) 


Dt. 


22 25-27 




(4) Seduction. 











(5) Assault 



Specific Crimes 121 

(C) Ex. 22^'- '' 

(D) Dt. 22 ''' ^ 
(H) Lev. 19 '^^ 



(C) Ex. 21^^- ^- ^ 

"And if men contend, and one smite the other with a 
stone, or with his fist, and he die not, but keep his bed: 
if he rise again, and walk abroad upon his staff, then 
shall he that smote him be quit ;'' 

And if man smite the eye of his servant, or the eye 
of his maid, and destroy it: he shall let him go free for 
his eye's sake.'' 

"And if he smite out his manservant's tooth, or his 
maidservant's tooth; he shall let him go free for his 
tooth's sake." 

(H) Lev. 24.'' 

(D) Dt. 27 '' 
Assault by a beast. 

(C) Ex. 21 ""-''' 

(6) Slander. 

(C) Ex. 23'^ 
"Thou shalt not take up a false report." 

(H) Lev. 19 ^« 
"Thou shalt not go up and down as a talebearer among 
thy people; neither shalt thou stand against the blood 
of thy neighbor; I am Jehovah." 

(D) Dt. 22^2-^ 

(7) Kidnaping. 

(E) Ex. 21'' 

(8) Using False Weights and Measures. 

(H) Lev. 19^-^^ 
(D) Dt. 25 ''-'' 

(9) Selling into Slavery for Theft. 

(C) Ex. 22 3^ 
"If he have nothing, then he shall be sold for his theft." 

(10) Other Crimes Punishable hy Death. 

(1) Cursing Father and Mother. 



122 Old Testament Lam for Bible Students 

(C) Ex. 21^^ 
(H) Lev. 20 ' 

(2) Rebellious Son. 

(D) Dt. 21 ^^-^ 

"If a man have a stubborn and rebellious son, that 
v^ill not obey the voice of his father, or the voice of his 
mother, and, though they chasten him, v^ill not hearken 
unto them: then shall his father and his mother lay hold 
on him, and bring him unto the elders of his city, and 
unto the gate of his place; and they shall say unto the 
elders of his city. This our son is stubborn and rebellious, 
he v^ill not obey our voice ; he is a glutton and a drunkard. 

And all the men of his city shall stone him to death 
with stones; so shalt thou put away the evil from the 
midst of thee; and all Israel shall hear, and fear." 

(3) Stealing and Selling a Man. 

(C) Ex. 21^^ 
"And he that stealeth a man, and selleth him, or if 
he be found in his hand, he shall surely be put to death. '^ 

(4) Death Caused by Unruly Animal. 

(C) Ex. 21^ 
"But if the ox were wont to gore in time past, and 
it hath been testified to his owner, and he hath not kept 
it in, but it hath killed a man or a woman; the ox shall 
be stoned, and its owner also shall be put to death.'' 

(5) Sorcery. 

(C) Ex. 22^' 

"Thou shalt not suffer a sorceress to live.'' 

(6) Familiar Spirits. 

(H) Lev. 20^ 
"A man also or a woman that hath a familiar spirit, 
or that is a wizard, shall surely be put to death: they 
shall stone them with stones; their blood shall be upon 
them." 

(Y) False Prophet or Dreamer. 

(D) Dt. 13 '-' 

"If there arise in the midst of thee a prophet, or a 



Specific Crimes 123 

dreamer of dreams^ and lie give thee a sign or a wonder, 
and the sign or the wonder come to pass, whereof he spake 
unto thee, saying, Let us go after other gods, which thou 
hast not known, and let us serve them; thou shalt not 
hearken unto the words of that prophet, or that dreamer 
of dreams: for Jehovah your God proveth you, to know 
whether ye love Jehovah your God with all your heart 
and with all your soul. 

Ye shall walk after Jehovah your God, and fear him, 
and keep his commandments, and obey his voice, and 
ye shall serve him, and cleave unto him. 

And that prophet, or that dreamer of dreams, shall 
be put to death, because he hath spoken rebellion against 
Jehovah your God, who brought you out of the land of 
Egypt, and redeemed thee out of the house of bondage, 
to draw thee out of the way which Jehovah thy God 
commanded thee to walk in. So shalt thou put away the 
evil from the midst of thee.'^ 

(D) Dt. 18^ 

(8) Apostasy. 

(D) Dt. 13'-'' 

(9) Sacrificing to other Gods. 

(C) Ex. 22^ 

(10) Refusing to Follow Decision of Judges. 

(D) Dt. 17^ 

(11) Blasphemy. 

(H) Lev. 24'' 
^^And he that blasphemeth the name of Jehovah, he 
shall surely be put to death; all the congregation shall 
certainly stone him: as well the sojourner, as the home- 
bom, when he blasphemeth the name of Jehovah, shall be 
put to death. '^ 

(C) Ex. 20' 

(12) Sabbath Desecration. 

(P) ITu. 15 ^2-36 
"And while the children of Israel were in the wilder- 



124 Old Testament Law for Bible Students 

ness, they found a man gathering sticks upon the sabbath 
day. 

And they that found him gathering sticks brought him 
unto Moses, and Aaron, and unto all the congregation. 

And they put him in ward, because it had not been 
declared what should be done to him. 

And Jehovah said unto Moses, The man shall surely 
be put to death : all the congregation shall stone him with 
stones without the camp. 

And all the congregation brought him without the 
camp, and stoned him to death with stones; as Jehovah 
commanded Moses.'' 

(13) Unchastity. 

(D) Dt. 22^ 

5. OEIMES AGAINST PEOPEETT 

(1) Theft. 

(C) Ex. 20'' 
"Thou shalt not steal.'' 

(C) Ex. 22'- ^• 

(D) Dt. 5'' 
(D) Dt. 23^- ^ 

"When thou comest into thy neighbor's vineyard, then 
thou mayest eat of grapes thy fill at thine own pleasure; 
but thou shalt not put any in thy vessel. 

When thou comest into thy neighbor's standing grain, 
then thou mayest pluck the ears with thy hand ; but thou 
shalt not move a sickle unto thy neighbor's standing grain." 
(P) Lev. 6^^ 
(H) 19 ''^• 

(2) Burglary. 

(C) Ex. 22'-' 

"If a man shall steal an ox, or a sheep, and kill it, 
or sell it; he shall pay five oxen for an ox, and four 
sheep for a sheep. 

If the thief be found breaking in, and be smitten so 



Crimes Against Property 125 

that he dieth, there shall be no blood guiltiness for him. 

If the sun be risen upon him^ there shall be blood 
guiltiness for him; he shall make restitution: if he have 
nothings then he shall be sold for his theft. 

If the theft be found in his hand alive, whether it 
be ox, or ass, or sheep; he shall pay double." 

Punishment by fine is prescribed by this passage. 

(3) Arson. 

(C) Ex. 22^ 

"If fire break out, and catch in thorns, so that the 
shocks of grain, or the standing grain, or the field, are 
consumed ; he that kindleth the fire shall surely make res- 
titution." 

(4) Killing a Beast. 

(H) Lev. 24^'- ^ 

(5) Removing Landmarks. 

(D) Dt. 19 '* 

"Thou shalt not remove thy neighbor's landmark, which 
they of old time have set, in thine inheritance which thou 
shalt inherit, in the land that Jehovah thy God giveth 
thee to possess it." 

(D) Dt. 27'' 
Prov. 23'° 

(6) Loss of Beast in Pit. 

(C) Ex. 21^-^ 
"And if a man shall open a pit, or if a man shall dig 
a pit, and not cover it, and an ox or an ass fall therein the 
owner of the pit shall make it good ; he shall give money 
unto the owner thereof and the dead beast shall be his." 

(7) Trespass. 

(0) Ex. 22^ 
"If a man shall cause a field or vineyard to be eaten, 
and shall let his beast loose, and it feed in another man's 
field; of the best of his own field, and of the best of his 
own vineyard, shall he make restitution." 

(8) Ox 'killing ox. 

(C) Ex. 21^^ 



126 Old Testament Lam for Bible Students 

6. CEIMES FOE WHICH NO PUNISHMENT WAS 
INFLICTED 

(1) Destroying the Eye of Servant. 

(C) Ex. ^V' ""' 

"And if a man smite the eye of his servant, or the eye 
of his maid, and destroy it; he shall let him go free for 
his eye's sake. 

And if he smite out his manservant's tooth, or his maid- 
servant's tooth; he shall let him go free for his tooth's 
sake." 

(2) Where an Ox Gores a Man to Death. 

(C) Ex. 21^ 

(3) For Killing a Burglar. 

(C) Ex. 22' 

(4) // a Bailment Dies or Is Destroyed. 

(C) Ex. 22^«-^^-^^- 

(5) Loss of Hired Property. 

(C) Ex. 22'' 

7. MODES OF PUNISHMENT 

Different modes of punishment were employed, begin- 
ning with the lex talionis. A study of the following will 
illustrate the growth of more humane sentiments. 

(1) Lex Talionis. 

(P) Gen. 9 ' 

^^Whoso sheddeth man's blood, by man shall his blood 
be shed: for in the image of God made he man." 

(C) Ex. 21^- ^ 

"Eye for eye, tooth for tooth, hand for hand, foot for 
foot, burning for burning, wound for wound, stripe for 
stripe." 

(D) Dt. 19 ^ 
(H) Lev. 24^^-2° 
(P) Nu. 35^ 



Modes of Punishment 127 

For a murder no ransom (fine) was allowed. 
(P) ITu. 35 '' 

"Moreover ye shall take no ransom for the life of a 
murderer, that is guilty of death; but he shall surely be 
put to death.'^ 

But ransom allowed in some cases. 

(C) Ex. 21^' 

"If there be laid on him a ransom, then he shall give 
for the redemption of his life whatsoever is laid upon 
him.'' 

(2) By Burning. 

(H) Lev. 20'* 
21^ 
(J) Gen. 38^ 
"And the daughter of any priest, if she profane herself 
by playing the harlot, she prof aneth her father ; she shall 
be burnt with fire." 

(3) By Mutilation. 

(D) Dt. 25 ''' ^• 

(4) By ''Cutting off from People.'' 

(H) Lev. 17'' 18^ 

2Q 3. 4. 6. 17. 18. 

(P) -Eu. 9 "^ 

15^° 
19 '^- ^• 

(5) Hanging or Impaling. 

(D) Dt. 21^- ^• 
"And if a man have committed a sin worthy of death, 
and he be put to death, and thou hang him on a tree: 
his body shall not remain all night upon the tree, but thou 
shalt surely bury him that day; for he that is hanged is 
accursed of God; that thou defile not the land which 
Jehovah thy god giveth thee for an inheritance." 

(6) Stoning. 

(H) Lev. 24'^ 20^ ^• 
(D) Dt. 17' 
"Then shalt thou bring forth that man or that woman, 



128 Old Testament Law for Bible Students 

who hath done this evil thing, unto thy gates, even that 
man or that woman; and thou shalt stone them to death 
with stones." 

(D) Dt. 13 ^' 
Dt. 21 '■'' ^'' 
22 ^* 
(P) Nu. 15^^^^ 
Witnesses to crime were to cast the first stone. 
(D) Dt. 17' 

(7) Scourging or Beating. 

(D) Dt. 25'-^ 

^^And it shall be, if the wicked man be worthy to be 
beaten, that the judge shall cause him to lie down, and 
to be beaten before his face, according to his wickedness, 
by number. 

Forty stripes he may give him, he shall not exceed ; lest, - 
if he should exceed, and beat him above these with many 
stripes, then thy brother should seem vile unto thee.'' 

(8) Banishment. 

Ezra 7'' 

(9) Excommunication and Forfeiture. 

Ezra 10 ^ 

"And that whosoever came not within three days, ac- 
cording to the counsel of the princes and the elders, all his 
substance should be forfeited, and himself separated from 
the assembly of the captivity." 

In this case the property of the offender is forfeited 
to the treasury. 

(10) Imprisonment. 

Ezra 7^ 
(H) Lev. 24^ 
(P) 'Nu. 15 ^ 
"And they put him in ward, that it might be doclareil 
vinto them at the mouth of Jehovah." 

2 Ch. 18^- 26. 
Jer. 20' 
29^ 



Modes of Punishment 129 

(11) Ordeal. 

(0) Ex. 22 « 

(12) Restitution. 

Eeturn of property required plus 20%. 
(H) Lev. 24''- ^ 
(P) 5 ^' 

gl-7 

(P) Nu. 5^ 
For stolen or borrowed property. 

(0) Ex. 22^2- ^*- ^^• 

(13) Compensation or Damages. 

(C) Ex. 21 ^^- ^2- ^^- ^'• 

^^If he rise again, and walk abroad upon his staff, then 
shall he that smote him be quit: only he shall pay for 
the loss of his time, and shall cause him to be thoroughly 
healed.^' 

"If the ox gore a manservant or a maidservant; there 
shall be given unto their master thirty shekels of silver, 
and the ox shall be stoned." 

"And if one man's ox hurt another's, so that it dieth, 
then they shall sell the live ox, and divide the price of 
it; and the dead also they shall divide." 

"Or if it be known that the ox was wont to gore in 
time past, and his owner hath not kept it in; he shall 
surely pay ox for ox; and the dead beast shall be his 
own." 

(C) Ex. 22 ^ 2- *• ^' '' 

One should be punished for one's own sins — not for 
those of children or parents. 

(D) Dt. 24^' 
Person not to avenge his own wrongs. 

(H) Lev. 19^^ 
Punishment was inflicted by the judges or in obedience 
to their orders. 

(D) Dt. 25 2 



130 Old Testament Law for Bible Students 

8. AVENGER OF BLOOD 

In a primitive state of society there is no official whose 
duty it is to execute punishments decreed by the proper 
authority. Among the Jews this duty in case of pun- 
ishment by death was performed by what was known as 
the Avenger of Blood. 

This was the nearest of kin in the family or tribe. 
(D) Dt. 19 ''' ''' 

^^Then the elders of his city shall send and fetch him 
thence, and deliver him into the hand of the avenger of 
blood, that he may die. 

Thine eye shall not pity him, but thou shalt put away 
the innocent blood from Israel, that it may go well with 
thee.'' 

(P) Nn. 35 '^• 

"The avenger of blood himself shall himself put the 
murderer to death ; when he meeteth him, he shall put him 
to death." 

2 Sam. 14^ 

See also Cities of Refuge. 

9. CITIES OF EEFUGE 

The mode of executing punishment by the blood 
avenger led to grave excesses and injustice. Sometimes 
an innocent man was slain. Gradually there grew up 
what were known as Cities of Eefuge, whither a man 
charged with crime might flee and be safe from punish- 
ment. This protection and immunity was especially ap- 
plicable in cases of accidental or unpremeditated killing. 

The following passages show the operation of this 
scheme. 

(1) Cities of Eefuge appointed. 
(D) Dt. 4^-^ 

"Then Moses set apart three cities beyond the Jordan 
toward the sunrising; that the man slayer might flee 



Cities of Refuge 131 

thither, that slayeth his neighbor unawares, and hated him 
not in times past ; and that fleeing unto one of these cities 
he might live: namely, Bezer in the wilderness, in the 
plain country, for the Eeubenites ; and Ramoth in Gilead, 
for the Gadites; and Golan in Bashan, for the Manas- 
sites/^ 

Cities of Eefuge first appear in this passage from 
Deuteronomy showing their origin far later than Moses, 
and originating no doubt in the advancing humane senti- 
ment of a later age. 

(D) Dt. 19 ^-^ 
(P) Nu. 35 ^- ^°-^ 
Jos. 20 '■' 
When applicable. 

(C) Ex. 21 ^^- ^' 
(P) Nu. 35 ^- '' ''' 
No ransom was allowed for murder for man who fled to. 

(P) Nu. 35 ''-''' 
(2) The right to refuge was determined in the first 
instance by the priests of the temple or the elders of the 
city. Afterwards upon trial by the ^^Congregation.^' 
(P) l^u. 35 ^'- ^ 
"And the cities shall be unto you for refuge from the 
avenger, that the manslayer die not, until he stand before 
the congregation for judgment. ^^ 

"Then the congregation shall judge between the smiter 
and the avenger of blood according to these ordi- 
nances/^ 

Jos. 20^'- 
"And he shall flee unto one of those cities and shall 
stand at the entrance of the gate of the city, and shall 
declare his cause in the ears of the elders of that city ; and 
they shall take him into the city unto them, and give 
him a place, that he may dwell among them." 

"And he shall dwell in that city, until he stand before 
the congregation for judgment, until the death of the 
high priest that shall be in those days: then shall the 



132 Old Testament Law for Bible Students 

manslayer return, and come unto his own city, and unto 
his own house, unto the city from whence he fled." 

If allowed he could remain till the death of the high 
priest and could then return home. 
(P) Nu. 35^ 
If he returned sooner he could be killed by the avenger. 
(P) ITu. 35^-^ 



EELIGIOUS LAW 
I 

NATIONAL DUTIES AND PROHIBITIONS 

Historical Note on the Decalogue 

There are three versions of the Ten Commandments or 
Decalogue^ those found in Exodus 34, in Exodus 20, and in 
Deuteronomy 5. The earliest form is no doubt Exodus 
34 which differs widely from the latter two, which are 
identical as to the ten commandments but differ as to 
their setting and the reasons upon which they are based. 
Originally they probably consisted of ten ^^Words,'' the 
simple form in which the Divine commands were set out. 
There is no satisfactory explanation for the version in 
Exodus 34. As primitive religions are proverbially rit- 
ualistic the Decalogue, at least in its expanded form 
in Exodus 20 and Deuteronomy 5, must have been a com- 
paratively late development. 

The Decalogue consists mostly of prohibitions. There 
are only two affirmative commands, to observe the Sab- 
bath, and to honor father and mother. The high standard 
of morals and conduct set up by this noble Code has com- 
manded universal admiration in all subsequent ages. 

Here is the oldest form of the ^Ten Words.'^ 
(J) Ex. 34^^ 

"Take heed to thyself, lest thou make a covenant with 
the inhabitants of the land whither thou goest, lest it 
be for a snare in the midst of thee: 

But ye shall break down their altars, and dash in pieces 
their pillars, and ye shall cut down their Asherim (for 

133 



134 Old Testament Lam for Bible Students 

thou shalt worship no other god: for Jehovah, whose 
name is Jealous, is a jealous God) ; 

Lest thou make a covenant with the inhabitants of 
the land, and they play the harlot after their gods, and 
sacrifice unto their gods, and one call thee and thou eat 
of his sacrifice; 

And thou take of their daughters unto thy sons, and 
their daughters play the harlot after their gods, and make 
thy sons play the harlot after their gods. 

Thou shalt make thee no molten gods. 

The feast of unleavened bread shalt thou keep. Seven 
days thou shalt eat unleavened bread, as I commanded 
thee, at the time appointed in the month Abib; for in 
the month Abib thou camest out from Egypt. 

All that openeth the womb is mine; and all thy cattle 
that is male, the firstlings of cow and sheep. 

And the firstling of an ass thou shalt redeem with a 
lamb : and if thou wilt not redeem it, then thou shalt 
break its neck. All the first-born of thy sons thou shalt 
redeem. And none shall appear before me empty. 

Six days thou shalt work, but on the seventh day thou 
shalt rest ; in plowing time and in harvest thou shalt rest. 

And thou shalt observe the feast of weeks, even of the 
first-fruits of wheat harvest, and the feast of ingathering 
at the year's end. 

Three times in the year shall all thy males appear be- 
fore the Lord Jehovah, the God of Israel. 

For I will cast out nations before thee, and enlarge 
thy borders ; neither shall any man desire thy land, when 
thou goest up to appear before Jehovah thy God three 
times in the year. 

Thou shalt not offer the blood of my sacrifice with 
leavened bread; neither shall the sacrifice of the feast of 
the passover be left unto the morning. 

The first of the first-fruits of thy ground thou shalt 
bring unto the house of Jehovah thy God. Thou shalt 
not boil a kid in its mother's milk." 



The Decalogue 135 

(1) The Decalogue sets out the general law for the 
nation. 

(0) Ex. 20 
(D) Dt. 5 

(2) The Jews to he a holy nation. 

(0) Ex. 19^ 
"And ye shall be unto me a kingdom of priests, and 
a holy nation. These are the words which thou shalt 
speak unto the children of Israel.^^ 

(C) Ex. 22 '' 23 ^ 
(H) Lev. 19 ' 

"Speak unto all the congregation of the children of 
Israel, and say unto them. Ye shall be holy: for I Je- 
hovah your God am holy.^^ 

(D) Dt. 7' 

"Eor thou art a holy people unto Jehovah thy God: 
Jehovah thy God hath chosen thee to be a people for his 
own possession, above all peoples that are upon the face 
of the earth.^' 

(D) Dt. 14'-^^ 
26 '^- ''• 

(3) No heathen alliances permitted. 

(0) Ex. 23^^-^ 
"And I will set thy border from the Eed sea even unto 
the sea of the Philistines, and from the wilderness unto 
the Eiver; for I will deliver the inhabitants of the land 
into your hand: and thou shalt drive them out before 
thee. 

Thou shalt make no covenant with them, nor with their 
gods. 

Thou shalt not dwell in thy land, lest they make thee 
sin against me : for if thou serve their gods, it will surely 
be a snare unto thee." 

(D) Dt. 7'-' 

(P) Ex. 34^ '^- ^' '^• 

(4) The Golden Rule. 

(H) Lev. 19^^- ''' 



136 Old Testament Law for Bible Students 

"Thou shalt not hate thy brother in thy heart: thou 
shalt surely rebuke thy neighbor, and not bear sin because 
of him. 

Thou shalt not take vengeance, nor bear any grudge 
against the children of thy people; but thou shalt love 
thy neighbor as thyself; I am Jehovah.^^ 

Compare the Golden Rule in the New Testament. 

Mt. 7^ 

22 "^ 
Lk. 6^ 

(5) Apostasy and Idolatry, 

Apostasy was regarded as treason to the state as well 
as to Jehovah. We find here the foundations of the great 
doctrine of Monotheism. 

(C) Ex. 20'-' 

"And God spake all these words, saying, 

I am Jehovah thy God, who brought thee out of the 
land of Egypt, out of the house of bondage. 

Thou shalt have no other gods before me. 

Thou shalt not make unto thee a graven image, nor 
any likeness of any thing that is in heaven above, or that 
is in the earth beneath, or that is in the water under 
the earth: Thou shalt not bow down thyself to them, 
nor serve them: for I Jehovah thy God am a jealous God, 
visiting the iniquity of the fathers upon the children, 
upon the third and upon the fourth generation of them 
that hate me:" 

(0) Ex. 20 ^-'^ 
20^ 

"Ye shall not make other gods with me; gods of silver 
or gods of gold, ye shall not make unto you." 

(C) Ex. 23^'^- 

(D) Dt. 5^-^' 

6 ''' ^• 



1-16 

4- 



13 

15-28 Q 19. 20 



11 



16. 17. 26-28. 



Sabhath Laws 137 

-j /^ 21. 22. -j /T 2-7 

27 ^^- 30 ^^* "^^^ 
(H) Lev. 26' 19' 
(P) Ex. 34'*- ^' 
These were images of stone in the early days. 

Jnd. 17 

1 Sam. 19 '' 
Erection of altars to Jehovah commanded. 

(C) Ex. 20^-'^ 
These were ordered destroyed when they became centers 
of immorality. 

(6) Against Heathen Shrines and Bites. 

(C) Ex. 23'* 34^- ''• 

22 ^ 

(D) Dt. 12'- '' ^-'^ 

^5. 25. 

14^- '' 18^^ 

2 K. 23 ^ 10 "^ 

2 Ch. 34* 
(H) Lev. 18 3 19 2^. 28 

20^ 

(7) Sabhath Laws. 

(C) Ex. 20^'' 

"Remember the sabbath day, to keep it holy. 

Six days shalt thou labor, and do all thy work: but 
the seventh day is a sabbath unto Jehovah thy God: in 
it thou shalt not do any work, thou, nor thy son, nor 
thy daughter, thy manservant, nor thy maidservant, nor 
thy cattle, nor thy stranger that is within thy gates: for 
in six days Jehovah made heaven and earth, the sea, and 
all that in them is, and rested the seventh day : wherefore 
Jehovah blessed the sabbath day, and hallowed it.'^ 

(C) Ex. 23'' 3ii3b.-i7 

3421 352.3. 

(D) Dt. 5''-'' 

(H) Lev. 19 2^- 3^- 26'^ 
(P) Nu. 15 ^2-^ 



138 Old Testament Law for Bihle Students 

At first the law for Sabbath observance was social and 
humane rather than religious. Its religious character be- 
came intensified by the Babylonian Captivity. The pen- 
alty for Sabbath breaking was death. 
(P) Nn. 15 ''-'' 

(8) Blasphemy. 

(0) Ex. 20^ 
^^Thou shalt not take the name of Jehovah thy God in 
vain: for Jehovah will not hold him guiltless that taketh 
his name in vain." 

(0) Ex. 22^^- 

(D) Dt. 5 ^ 

(H) Lev. 18^^- 19^2 

nA 10-13. 15b. 16. 23 

(9) Desecration of Sacred Things. 

(P) Lev. 7'°-^ 
"But the soul that eateth of the flesh of the sacrifice 
of peace offerings, that pertain unto Jehovah, having his 
uncleanness upon him, that soul shall be cut off from his 
people. 

And when any one shall touch any unclean thing, the 
uncleanness of man, or an unclean beast, or any unclean 
abomination, and eat of the flesh of the sacrifice of peace 
offerings, which pertain unto Jehovah, that soul shall be 
cut off from his people." 

(H) Lev. 19^'^- 22 2^- 

(P) Nu. 3 ^'^• 

^17-20 
18^ 

(10) Sorcery and Witchcraft. 

(C) Ex. 22^^ 
(H) Lev. 19 ^^- ^^• 
20 ^- '^' 
"And the soul that turneth unto them that have familiar 
spirits, and unto the wizards, to play the harlot after 
them, I will even set my face against that soul, and will 
cut him off from among his people." 



Sacrifice of Children 139 

"A man also or a woman that hath a familiar spirit, 
or that is a wizard, shall surely be put to death ; they shall 
stone them with stones; their blood shall be upon them." 

(11) False Prophecy, 

(D) Dt. 18'^^ 

(12) Sacrifice of Children Prohibited, 

This practice was common among the Canaanites and 
was usual in many instances by the Jews. 

Jer. 7''-'' 

19^ 
Ps. 106 ''' '' 
(D) Dt. 12^-^^ 
(H) Lev. 18 ^* 
"And thou shalt not give any of thy seed to make them 
pass through the fire to Molech.'^ 
(H) Lev. 20'-' 
"Moreover, thou shalt say to the children of Israel, 
Whosoever he be of the children of Israel, or of the stran- 
gers that sojourn in Israel, that giveth of his seed unto 
Molech; he shall surely be put to death: the people of 
the land shall stone him with stones. 

I also will set my face against that man, and will cut 
him off from among his people; because he hath given 
seed of his seed unto Molech, to defile my sanctuary, and to 
profane my holy name. 

And if the people of the land do at all hide their eyes 
from that man, when he giveth of his seed unto Molech, 
and put him not to death ; then I will set my face against 
that man, and against his family, and will cut him off, 
and all that play the harlot after him, to play the harlot 
with Molech, from among their people.'' 

(13) Punishment by Jehovah if laws are not observed. 

(H) Lev. 26^*-^^ 



140 Old Testament Law for Bible Students 

II 

INDIVIDUAL CONDirCT 

(1) Love to Ood and Neighbor. 

(D) Dt. 6 *• '■ 10 ^- ''• 
11 "• ''• 

QQ 16. 19. 20. 

(H) Lev. 19'' 

"Thou shalt not take vengeance, nor bear any grudge 
against the children of thy people; but thou shalt love 
thy neighor as thyself: I am Jehovah.'' 

This is the high water-mark of Old Testament Law. 

(2) Reverence and Gratitude. 

(D) Dt. 5^ 4^' 

g 2. 24. 10-12 
g 10. 19. 6. 

10 ''' ''' 
13 18 1423 

17 '' 31 ^- ''• 

(3) Covetousness. 

(C) Ex. 20'^ 

(D) Dt. 5 ^ 

(4) Lying Forbidden. 

(H) Lev. 19 ''^• 

(5) Cheating. 

(H) Lev. 19 ''^• 

(6) Duty to Honor Parents. 

(C) Ex. 20'' 

"Honor thy father and thy mother, that thy days may 
be long in the land which Jehovah thy God giveth thee." 

(D) Dt. 5'' 27'' 
(H) Lev. 19 '" '' 

(7) To Give First Born Sons and First Fruits to Je- 
hovah. 

(C) Ex. 22'^-^^ 
"Thou shalt not delay to offer of thy harvest, and of 



Miscellaneous Duties 141 

the outflow of thy presses. The first born of thy sons 
shalt thou give unto me. 

Likewise shalt thou do with thine oxen, and with thy 
sheep : seven days it shall be with its dam ; on the eighth 
day thou shalt give it me." 

(8) To Act Justly. 

(c) Ex. 23 '• '• '' 
"Thou shalt not follow a multitude to do evil; neither 
shalt thou speak in a cause to turn aside after a multitude 
to wrest justice: 

ISTeither shalt thou favor a poor man in his cause. 
Thou shalt not wrest the justice due to thy poor in his 
cause." 

(H) Lev. 19 ''^' ^^• 

(9) To Follow the Law. 

(D) Dt. 5 '• ''-^ 

g 1-3. 6. 7. 17 
/T .11 o 1. 6. 11. 
-1 Q 12. 13. 
■1 -i 18. 19. 

26 ''• ''' 27 ''• ""• 

QA 15. 16. 

(H) Lev. 18 *• '■ ^• 

-^919 20 «• "^ 

(10) Not to Mingle Animals, Seed or Garments. 

(D) Dt. 22 '-11 
(H) Lev. 19^' 

(11) To Wear Reminders of the Law. 

(D) Dt. 6 '■ '■ 11 ^'-^ 22 ^ 
(P) Nu. 15 2'^" 

HUMANE -LAWS 

In these regulations the Jews shovp'ed their superior 
moral ideals and standards to those of other ancient peo- 
ples. In fact these laws have few parallels in ancient 



142 Old Testament Law for Bible Students 

times. The Jews first laid emphasis on persons rather 
than property. Such laws show the influence of the 
prophets. 

1 

Duties toward Persons 

(1) To Widows and Orphans. 

(0) Ex. 22^-^ 
(D) Dt. 24'^ 27" 

(2) To Neighbors. 

(D) Dt. 22* 
(H) Lev. 19 '^ '"• 

(3) To the Poor. 

(0) Ex.23''- 
(H) Lev. 19 " 
(H) Lev. 25 ^- ""• « 

(4) To Sojourners. 

(C) Ex. 22^ 23" 
(H) Lev. 19 ^- ^ 

(D) Dt. 10 ''■ " 

2415. IT 

27" 

(5) To the Needy and Defenseless. 

(H) Lev. 19 " 
(D) Dt. 24 '* 
(JE) 27" 

(6) To Slaves and Servants. 

(D) Dt. 24^*-i^ 
15 ^'^^ 

(C) Ex. 21' 

23" 

(7) Reverence for the Aged. 

(H) Lev. 19 ^2 

(8) To Construct Battlement. 

(D) Dt. 22 » 

(9) Qlemings. 



Humane Laws 143 

Here we see the beginning of philanthropy, man's duty 
to be more than just. 

(C) Ex. 23''- ^^• 
(H) Lev. 19 '• ^'• 

^^And when ye reap the harvest of your land, thou shalt 
not wholly reap the corners of thy field, neither shalt thou 
gather the gleaning of thy harvest. 

And thou shalt not glean thy vineyard, neither shalt 
thou gather the fallen fruit of thy vineyard; thou shalt 
leave them for the poor and for the sojourner, I am 
Jehovah your God.'' 

(H) Lev. 23 ^ 

(D) Dt. 24^^-^ 
(10) Sharing Offerings. 

(D) Dt. 16'°-'* 
(H) Lev. 17^' 

2 

Kindness to Animals 

Here we find the first laws in history recognizing 
man's duty to the animal world. Individual kindness to 
animals of course always abounded, but was not com- 
manded by law. 

(1) Beasts of Burden. 

(C) Ex. 23^2 

(2) The Threshing Ox. 

(D) Dt. 25* 
(S) To Wild Animals. 

(C) Ex. 23 '^ 
(H) Lev. 25^^ 

(4) Mother and Young. 

(D) Dt. 22 '' '' 
(H) Lev. 22^ 
(J) Ex. 34^^- 

(5) Return of Strays. 



144 Old Testament Law for Bible Students 

(C) Ex. 23 *• ^• 

(D) Dt. 22 ^-* 



CEREMOlSriAL LAW 

Introductory Note 

The Ceremonial Law of the Hebrews was contained for 
the most part in the Priestly Code, which as heretofore 
shown, and is included in the last chapters of Exodus, the 
whole of Leviticus, and part of Numbers, Genesis- and 
Joshua. It was a most elaborate code, consisting of both 
important and minute regulations touching the entire re- 
ligious and daily life of the individual and the nation.. 

This law was codified and arranged in its present form 
after the return from the Babylonian Exile, about the 
year 444 B. C, as has been virtually agreed upon by 
Biblical scholars. It was no doubt a codification of rules 
some of which had had a long prior origin, with the addi- 
tion of many new ones. The concentration of the wor- 
ship at Jerusalem magnified the importance of the priests 
and tended toward the development of an elaborate 
ritual. 

As in all systems the ritual gradually acquired more 
importance in the eyes of those who practiced it than 
the realities of worship for which it stood and which it 
was designed to cultivate. It became encrusted in a rigid 
system to disregard which became a serious offense. 

The Ceremonial Law represents the latest form of 
Judaism, the form used after the Jewish state had by 
the force of events been transformed into the Jewish 
church. In that form it existed in the time of Jesus, 
hence his fierce denunciations of the Scribes and Phari- 
sees, who had regard to the form of these observances 
to the minutest detail, often to the neglect of the ^ Veightier 
matters of the law.'^ 

Occasional reference will be made for purposes of 



Feasts 145 

convenience and contrast to those rules existing before 
the Exile and those after. 



JEWISH FEASTS 

Festivals constituted the central feature of nearly all 
ancient religious life. In some countries the sun was 
worshiped. In others the moon was the central object 
of worship. The latter dates from the earliest times. 

Job 31 "" 

The feasts of the Jews were held at the time of the 
full moon and it was the phases of the moon that gave 
rise to an observance of the seventh day. Later the 
prophets tried to give to these nature festivals a spiritual 
and ethical significance. After the Exile moon worship 
was abandoned, the Sabbath was fixed at every seventh 
day and it became a purely religious observance. Its rel- 
ative importance was enhanced by the fact that in captiv- 
ity the Jews were unable to observe many of their other 
feasts or their rules as to clean and unclean, while the 
Sabbath remained the one religious event that could be 
observed at all places and in all conditions of national 
or individual life. It was then ascribed to Moses which 
increased its solemnity and authority. Thus it became 
central in their system of worship. 

1. The Sahhath 

As prescribed in the Decalogue. 
(E) Ex. 20'-'' 

"Remember the sabbath day, to keep it holy. 

Six days shalt thou labor, and do all thy work : but the 
seventh day is a sabbath of Jehovah thy God: in it thou 
shalt not do any work, thou, nor thy son, nor thy daugh- 
ter, thy manservant, nor thy maidservant, nor thy cattle, 
nor thy stranger that is within thy gates : for in six days 



146 Old Testament Law for Bible Students 

Jehovah made heaven and earth, the sea, and all that 
in them is, and rested the seventh day : wherefore Jehovah 
hlessed the sabbath day, and hallowed it." 
(0) Ex. 23 ^ 

35' 
(D) Dt. 5^-^= 
Amos 8 ^ 
Jer. 17''- ^ 
After the exile. 

(H) Lev. 19 '"■ ^• 
23' 26' 
(P) N"ii. 15 ''■'' 

28 ^' ^^' 
(P) Gen. 2 2- *• 
(P) Ex. 16''-'' 35^-' 
(P) 31 ^^^ 

2. The Passover 

(JE) Ex. 12 '^■'^'^ 

(P) Ex. 12 "* ''■^- *' 
3426b. 

(D) Dt. 16 ^-« 
Males must offer worship three times a year — on the 
following three feasts. 

(0) Ex. 23 " 
(J) 34 '^ 

(D) Dt. 16^" 
Of Unleavened Bread. 

This was the first of three great festivals and was cele- 
brated at the time when the first sickle was put into the 
ripening grain. 

(J) Ex. 13^" 
"And Moses said unto the people. Remember this day, 
in which ye came out from Egypt, out of the house of 
bondage; for by strength of hand Jehovah brought you 



The Passover 147 

out from this place: there shall no leavened bread be 
eaten. 

This day came ye forth in the month Abib. 

And it shall be when Jehovah shall bring thee into 
the land of the Canaanite, and the Hittite, and the Amo- 
rite, and the Hivite, and the Jebusite, which he sware 
unto thy fathers to give thee, a land flowing with milk and 
honey, thou shalt keep this service in this month. 

Seven days thou shalt eat unleavened bread, and in 
the seventh day shall be a feast to Jehovah. 

Unleavened bread shall be eaten throughout the seven 
days ; and there shall no leavened bread be seen with thee, 
neither shall there be leaven seen with thee, in all thy 
borders. 

And thou shalt tell thy son in that day, saying, It is 
because of that which Jehovah did for me when I came 
forth out of Egypt. 

And it shall be for a sign unto thee upon thy hand, 
and for a memorial between thine eyes, that the law 
of Jehovah may be in thy mouth : for with a strong hand 
hath Jehovah brought thee out of Egypt. 

Thou shalt therefore keep this ordinance in its season 
from year to year." 

(C) Ex. 23 ^*- ^^• 
(J) 34^^ 

(D) Dt. 16^- *"• '"• 
Jos. 5 ^^ 

2 Chr. 30^' 
35^ 
After the Exile. 

(P) Ex. 12^-^ 
"And Jehovah spake unto Moses and Aaron in the land 
of Egypt, saying. 

This month shall be unto you the beginning of months : 
it shall be the first month of the year to you. 

Speak ye unto all the congregation of Israel, saying, 
In the tenth day of this month they shall take to them 



148 Old Testament Law for Bible Students 

every man a lamb, according to their fathers' houses, a 
lamb for a household: 

And if the household be too little for a lamb, then shall 
he and his neighbor next unto his house take one accord- 
ing to the number of the souls : according to 6very man's 
eating ye shall make your count for the lamb. 

Your lamb shall be without blemish, a male a year 
old: ye shall take it out from the sheep, or from the 
goats: and ye shall keep it until the fourteenth day 
of the same month: and the whole assembly of the con- 
gregation of Israel shall kill it at even. 

And they shall take of the blood, and put it on the 
two side-posts and on the lintel, upon the houses wherein 
they shall eat it. 

And they shall eat the flesh in that night, roast with 
fire, and unleavened bread; with bitter herbs they shall 
eat it. 

Eat not of it raw, nor boiled at all with water, but 
roast with fire; its head with its legs, and with the 
inwards thereof. 

And ye shall let nothing of it remain until the morn- 
ing; but that which remaineth of it until the morning 
ye shall burn with fire. 

And thus shall ye eat it; with your loins girded, your 
shoes on your feet, and your staff in your hand; and 
ye shall eat it in haste : it is Jehovah's passover. 

For I will go through the land of Egypt in that night, 
and will smite all the firstborn in the land of Egypt, 
both man and beast; and against all the gods of Egypt 
I will execute judgments: I am Jehovah. 

And the blood shall be to you for a token upon the 
houses where ye are : and when I see the blood, I will 
pass over you, and there shall be no plague upon you 
to destroy you, when I smite the land of Egypt. 

And this day shall be unto you for a memorial, and 
ye shall keep it a feast to Jehovah ; throughout your gen- 
erations ye shall keep it a feast by an ordinance for ever. 



Unleavened Bread 149 

Seven days shall ye eat unleavened bread; even the 
first day ye shall put away leaven out of your houses: 
for whosoever eateth leavened bread from the first day 
until the seventh day, that soul shall be cut off from 
Israel. 

And in the first day there shall be to you a holy con- 
vocation^ and in the seventh day a holy convocation; no 
manner of work shall be done in them, save that which 
every man must eat, that only may be done of you. 

Aiid ye shall observe the feast of unleavened bread; 
for in this selfsame day have I brought your hosts out 
of the land of Egypt: therefore shall ye observe this 
day in your generations by an ordinance for ever. 

In the first month, on the fourteenth day of the month 
at even, ye shall eat unleavened bread, until the one and 
twentieth day of the month at even. 

Seven days shall there be no leaven found in your 
houses : for whosoever eateth that which is leavened, even 
that soul shall be cut off from the congregation of Israel, 
whether he be a sojourner, or one that is born in the 
land. 

Ye shall eat nothing leavened; in all your habitations 
shall ye eat unleavened bread." 

(P) Ex. 12''-''-'' 
(H) Lev. 23*-^ 

"These are the set feasts of Jehovah, even holy con- 
vocations, which ye shall proclaim in their season. 

In the first month on the fourteenth day of the month 
at even, is Jehovah's passover. 

And on the fifteenth day of the same month is the 
feast of unleavened bread imto Jehovah: seven days ye 
shall eat unleavened bread. 

In the first day ye shall have a holy convocation: ye 
shall do no servile work. 

But ye shall offer an offering made by fire unto Je- 
hovah seven days: in the seventh day is a holy convo- 
cation : ye shall do no servile work." 



150 Old Testament Law for Bible Students 

(P) l^u. 9 '■'* 
(P) 28 '^-"^ 
Punisliment for refusal to celebrate. 
(P) Nu. 9^^ 

3. Feast of Weehs — First Fruits 

This occurred seven weeks after the feast of Unleavened 
Bread. 

(C) Ex. 23'*- ''"• 

"Three times thou shalt keep a feast unto me in the 
year.^' 

"And the feast of harvest, the first fruits of thy labors, 
which thou sowest in the field :" 

(D) Dt. 16 ^-^ 
(H) Lev. 23^^^ 
(J) Ex. 34^ 

After the exile. 

(P) Nu. 28^-^ 

4. The Feast of Ingathering or Tahernacles 

In the early codes the date of this feast was indeter- 
minate. It came at the end of the harvest and was cele- 
brated for a week in length at Jerusalem. It was their 
most important feast and corresponded with our Thanks- 
giving. 

(C) Ex. 23 '^^ 

"And the feast of ingathering, at the end of the year, 
when thou gatherest in thy labors out of the field.'^ 

(D) Dt. 16'^'^ 
(J) Ex. 34^- 

Ezra 3 * 

1 K. 8 ' 

2 Chr. 5 ^ 
Booths. 

(H) Lev. 23 "" 



Sabbatical Year 151 

After the exile. 

15th day, 7th month— Lev. 23 ^^"^ ^-^ 
(P) Nu. 29 ^-^ 

5. Sabbatical Year 

(0) Ex. 23'°-^ 
"And six years thou shalt sow thy land, and shalt 
gather in the increase thereof: but the seventh year thou 
shalt let it rest and lie fallow that the poor of thy people 
may eat : and what they leave the beast of the field shall 
eat. In like manner thou shalt deal with thy vineyard, 
and with thy oliveyard." 

(D) Dt. 15^-2 
Jer. 34^^^ 
After the exile. 

(H) Lev. 25 ''' ^^ 

Post Exilic Feasts 

The exile changed greatly the life of the Jews. Feasts 
became occasions of gloom instead of rejoicing. To gain 
Jehovah's favor — long lost, they adopted fasting and an 
elaborate ritual. Detached festivals of an agricultural 
nature became fixed as to their dates. New feasts were 
added, and there was a steady trend toward a strict ob- 
servance of ceremonial rites. 

6. New Moon 

At first a family observance, the feast of the New Moon 
now becomes a ceremonial function. 
(P) Nu. 28^-^^ 
Ezek. 46^ 



152 Old Testament Law for Bible Students 

7. Atonement 

The fast known as the Atonement is not found before 
the Exile or in the Holiness Code. It occurs in one 
of the latest sections of the Pentateuch. This great fast 
came from a sense of national guilt produced by the 
captivity and national misfortunes. Its observance was 
to remove all sin otherwise overlooked, and thus it became 
a great national confession for both national and indi- 
vidual sins. It became the most important of all re- 
ligious rites among later Jews, and remains so still. 
(P) Ex. 30 '' 
(P) Lev. 16 For priest 1-14 

For people 15-22 
Scapegoat. 

Date of 

(P) Lev. 16 ^- ''• 

"And it shall be a statute for ever unto you: in the 
seventh month, on the tenth day of the month, ye shall 
afflict your souls, and shall do no manner of work, the 
home-born, or the stranger that sojourneth among you: 
for on this day shall atonement be made for you, to cleanse 
you ; from all your sins shall ye be clean before Jehovah.^^ 
(H) Lev. 23^-^2 

"And Jehovah spake unto Moses, saying, 

Howbeit on the tenth day of this seventh month is the 
day of atonement: it shall be a holy convocation unto 
you, and ye shall afflict your souls; ye shall offer an 
offering made by fire unto Jehovah. 

And ye shall do no manner of work in that same day : 
for it is a day of atonement, to make atonement for you 
before Jehovah your God. 

For whatsoever soul it be that shall not be afflicted in 
that same day: he shall be cut off from his people. 

And whatsoever soul it be that doeth any manner of 
work in that same day, that soul will I destroy from 
among his people. 



Day of Atonement 153 

Te shall do no manner of work ; it is a statute for ever 
throughout your generations in all your dwellings. 

It shall be unto you a sabbath of solemn rest, and 
ye shall afflict your souls; in the ninth day of the month 
at even, from even unto even, shall ye keep your sabbath." 
(H) Lev. 25' 
(P) Nu. 29^-^^ 

8. Trumpets 

This feast did not exist before the Exile. By ordinance 
it became the First Day of the New Tear. 
(H) Lev. 23^-^ 
(P) Nu. 29 '■' 

"And in the seventh month, on the first day of the 
month, ye shall have a holy convocation; ye shall do no 
servile work: it is a day of blowing of trumpets unto you. 

And ye shall offer a burnt offerng for a sweet savor 
unto Jehovah: one young bullock, one ram, and seven 
he-lambs a year old without blemish: and their meal- 
offering, fine fiour mingled with oil, three tenth parts for 
the bullock, two tenth parts for the ram, and one tenth 
part for every lamb of the seven lambs: and one he-goat 
for a sin offering, to make atonement for you : besides the 
burnt offering of the new moon, and the meal offering 
thereof and the continual burnt offering and the meal 
offering thereof, and their drink offerings, according unto 
their ordinance, for a sweet savor, an offering made by 
fire unto Jehovah." 

(P) Nu. 10^' 

9. Year of Jubilee 
(H) Lev. 25 '-''• ^^- ^^'"^ ''-"'' ^ 



154 Old Testament Law for Bible Students 

B 

SACEIFICES 

Introductory Note 

Sacrifice has held a chief place in all natural religions. 
It was a primitive idea that God could be appeased and 
his favor secured by sacrificing to him the offerings of 
his helpless and sinful children. Thus sacrifice is as 
old as the human race. Man found himself in a world 
of wonder and mystery. The powers of nature filled him 
with awe. He did not understand nature's laws, but 
thought they were manifestations of an all-powerful and 
angry deity. In his ignorance and helplessness he sought 
to appease the divine wrath and secure the favor of his 
gods. 

There were three main purposes in making sacrifices: 

1. To secure favor. 

2. To remove displeasure. 

3. To express gratitude. 

Man transferred to God his own passions and desires. 
Originally God was in the stone used as an altar and 
needed food. Hence the practice of giving food to the 
gods by means of sacrifice. There was another idea — 
that all meals were sacrifices made to the gods. The wor- 
shipers killed a valuable animal and brought their best 
cereals and fruits to some consecrated place. The rude 
altar was daubed with blood and the food was left for 
the god to eat. The savor of the burnt offering was 
pleasing to Jehovah. In ancient Greece killing a beast 
was always a sacrificial act. Roman families treated 
meals as sacrificial in character, leaving food at each 
meal for the family Lares. 

Out of these ideas grew an elaborate system of cere* 
monial, a great ritual of sacrifice which finds its fullest 
expression in the Priestly Code. Every act was explicitly 



Sacrificial Offerings 155 

commanded and carefully described. The ritual of the 
priests became a complicated code, difficult to observe, 
and even to understand. 

The place of sacrifice requires especial mention. Orig- 
inally the summits of mountains or the tops of hills were 
used. These were called ^^High Places" and became very 
numerous. Nearly every hill had its sanctuary. Around 
these places of worship great abuses were developed. 
They became scenes of the grossest immoral practices. 
It was chiefly these abuses which called forth the stringent 
regulations of the Book of the Law in which all these 
High Places were ordered destroyed and all Hebrew wor- 
ship centered in the temple at Jerusalem. 

Another especial feature worthy of note is the fact 
that in early days human sacrifices were made. These 
were abolished by expresss command, and sacrifices con- 
fined to animals, cereals and fruit, and even in later 
times to the payment of a small sum of money, all of which 
developed a complete tithing system. 
Read 1 Sam. 9. 



KINDS OF SACRIFICIAL OFFERINGS 

A. Peace offerings. 

Eitual of: (P) Lev. 7''''' 

^^And this is the law of the sacrifice of peace offerings, 
which one shall offer unto Jehovah. 

If he offer it for a thanksgiving, then he shall offer 
with the sacrifice of thanksgiving unleavened cakes min- 
gled with oil, and unleavened wafers anointed with oil, 
and cakes mingled with oil, of fine fiour soaked. 

With the cakes of leavened bread, he shall offer his 
oblation with the sacrifice of his peace offerings for thanks- 
giving. 

And of it he shall offer one out of each oblation for 



156 Old Testament Law for Bible Students 

a heave offering unto Jehovali ; it shall be the priest's that 
sprinkleth the blood of the peace offerings. 

And the flesh of the sacrifice of his peace offerings for 
thanksgiving shall be eaten the day of his oblation; he 
shall not leave any of it until the morning. 

But if the sacrifice of his oblation be a vow, or a free- 
will offering, it shall be eaten on the day that he offereth 
his sacrifice ; and on the morrow that which remaineth of 
it shall be eaten: but that which remaineth of the flesh 
of the sacrifice on the third day shall be burnt with fire. 

And if any of the flesh of the sacrifice of his peace 
offerings be eaten on the third day, it shall not be ac- 
cepted, neither shall it be imputed unto him that offereth 
it: it shall be an abomination, and the soul that eateth 
of it shall bear his iniquity. '^ 

(P) Lev. 7^-'^ 

3 1. 6-17 
Q 1-5 herd 
Q 6-17 flock 
195-8 
22 21. 23 
IYI.9 

(P) Ex. 29''-^ 

B. Sin Offering. 

(P) Lev. 5^-'^ 
4 1-35 

g 14. 15 
-^016-20 

Eitual of— (P) Lev. 6 ^'^ 

"And Jehovah spoke unto Moses, saying. 

Speak unto Aaron and to his sons, saying. This is the 

law of the sin offering: in the place where the burnt 

offering is killed shall the sin offering be killed before 

Jehovah: it is most holy. 

The priest that offereth it for sin shall eat it: in a 

holy place shall it be eaten, in the court of the tent of 

the meeting. 



Sacrificial Offerings 157 

Whatsoever shall touch the flesh thereof shall be holy ; 
and when there is sprinkled of the blood thereof upon 
any garment, thou shalt wash that whereon it was sprin- 
kled in a holy place. 

But the earthen vessel wherein it is boiled shall be 
broken: and if it be boiled in a brazen vessel, it shall 
be both scoured, and rinsed in water. 

Every male among the priests shall eat thereof: it is 
most holy. 

And no sin offering, whereof any of the blood is 
brought into the tent of the meeting to make atonement 
in the holy place, shall be eaten: it shall be burnt with 
fire.^^ 

Notice the Scape Goat offering for the sins of all 
Israel. ^p^ j^^^^ ^^ 20-22 

"And when he hath made an end of atoning for the 

holy place, and the tent of the meeting and the altar, 

he shall present the live goat; and Aaron shall lay both 

his hands upon the head of the live goat, and confess 

over him all the iniquities of the children of Israel, and 

all their transgressions, even all their sins; and he shall 

put them upon the head of the goat, and shall send him 

away by the hand of a man that is in readiness into the 

wilderness: and the goat shall bear upon him all their 

iniquities unto a solitary land: and he shall let go the 

goat in the wilderness.^' 

(P) 'Nu. 15^'^ 

^ . ^ ., (P) Ex. 29^^-^* 

Red Heifer. 

Very ancient. This was probably a part of their sani 

tary regulations. 

(P) Nu. 19' 
C. Guilt or Trespass Offering. 
Very ancient. 

(P) Lev. 5 ^'-^' 

gl-7 

^1.7 



158 Old Testament Law for Bihle Students 

"And this is the law of the trespass offering : it is most 
holy. 

In the place where they kill the burnt offering shall 
they kill the trespass offering : and the blood thereof shall 
be sprinkled upon the altar round about. 

And he shall offer of it all the fat thereof : the fat tail, 
and the fat that covereth the inwards, and the two kid- 
neys, and the fat that is on them, which is by the loins, 
and the caul upon the liver, with the kidneys, shall he 
take away; and the priest shall burn them upon the altar 
for an offering made by fire unto Jehovah : it is a trespass 
offering. 

Every male among the priests shall eat thereof: it 
shall be eaten in a holy place ; it is most holy. 

As is the sin offering, so is the trespass offering ; there 
is one law for them: the priest that maketh atonement 
therewith, he shall have it.'' 

(H) Lev. 19^-^ 
(P) Nu. 5 '•' 

For ignorance. 

(P) ITu. 15 2*-^ 

D. Leprosy Offering, 

(P) Lev. 13 '^ 



14 



2-32 43-57 



E. Burnt Offering. 
Of Herd 

(P) Lev. 1'-' 
Flock 1 ^'-^^ 

Birds 1 ^^^' 

Eitual of 6^^ 

See also 

(J) Ex. 18^' 
(P) 29 ^'-^^ 

1 K 3* 

(P) Ex. 29^^-^ 
30^^ 



Daily Offering. 





Meal Offering 




(p) 


ITu. 28 ^-« 


F. Meal Offering. 




Of Flour 


(p) 


Lev. 2 '■' 


Baked 




2 4-10 


First Fruits 




2 "-" 


Leaven forbidden 


2 10-13 


Ritual of 








(p) 


Lev. 6 ^^-^ 



159 



^And this is the law of the meal offering: The sons 
of Aaron shall offer it before Jehovah, before the altar. 

And he shall take up therefrom his handful, of the fine 
flour of the meal offering, and of the oil thereof, and all 
the frankincense which is upon the meal offering, and 
shall burn it upon the altar for a sweet savor, as the 
memorial thereof, unto Jehovah. 

And that which is left thereof shall Aaron and his sons 
eat: it shall be eaten without leaven in a holy place; in 
the court of the tent of the meeting they shall eat it. 

It shall not be baken with leaven. I have given it as 
their portion of my offerings made by fire; it is most 
holy, as the sin offering, and as the trespass offering. 

Every male among the children of Aaron shall eat of 
it, as his portion for ever throughout your generations, 
from the offerings of Jehovah made by fire: whosoever 
toucheth them shall be holy. 

And Jehovah spake unto Moses, saying. 

This is the oblation of Aaron and of his sons, which 
they shall offer unto Jehovah in the day when he is 
anointed; the tenth part of an ephah of fine flour for a 
meal-offering perpetually, half of it in the morning, and 
half thereof in the evening. 

On a baking pan it shall be made with oil ; when it is 
soaked, thou shalt bring it in: in baken pieces shalt thou 
offer the meal offering for a sweet savor unto Jehovah. 

And the anointed priest that shall be in his stead from 
among his sons shall offer it: by a statute for ever it 
shall be wholly burnt unto Jehovah." 



160 Old Testament Law for Bihle Students 

And every meal-offering of the priest shall be wholly 
burnt: it shall not be eaten/^ 

See (P) Nu. 15'-'' 
Jealousy offering. 

(P) Nu. 5 ^-^^ 

II 

OBJECTS USED EOR SACRIFICE 

Historical Note 

A. Human Sacrifices, 

The sacrifice of human beings was common among all 
primitive races. It was practiced among the ancient 
Greeks, the Carthaginians, and the Canaanites, the pre- 
Hebraic inhabitants of Palestine. Abraham thought he 
was commanded by God to sacrifice Isaac. 
(J) Gen. 22. 

Recent archaeological excavations have shown that at 
Megiddo a fifteen year old girl was placed alive in the 
corner stone of a house for the supposed blessing this 
would bring. It is a common superstition in the East 
that every house must have its death, either a man, a 
woman, a child or an animal. Every place had its god 
or indwelling divinity and this god must be appeased. It 
is said that at the opening of an electric light plant re- 
cently at Damascus an Arab Sheik sacrificed a sheep to 
the god of the place. 

The custom must have been common, for prohibitions 
of human sacrifice are frequent in the Old Testament. 
(H) Lev. 18'^ 

"And thou shalt not give any of thy seed to make 
them pass through the fire to Molech; neither shalt thou 
profane the name of thy God : I am Jehovah.'^ 
(H) Lev. 20^' 

"Moreover, thou shalt say to the children of Israel, 
Whosoever he be of the children of Israel, or of the 



Human Sacrifices 161 

strangers that sojourn in Israel, that giveth of his seed 
unto Molech; he shall surely be put to death: the people 
of the land shall stone him with stones. 

'^I also will set my face against that man, and will cut 
him off from among his people; because he hath given 
of his seed unto Molech, to defile my sanctuary, and to 
profane my holy name.'' 

(P) Ex. 13 ^- ^ ^• 

1 K 16^ 

"In his days did Hiel the Bethelite build Jericho: he 
laid the foundation thereof with the loss of Abiram his 
firstborn, and set up the gates thereof with the loss of his 
youngest son Segub, according to the word of Jehovah, 
which he spake by Joshua the son of ISTun.'' 

2 K. 3^ 

"Then he took his eldest son that should have reigned 
in his stead, and offered him for a burnt offering upon 
the wall. And there was great wrath against Israel : and 
they departed from him, and returned to their own land." 

2 K 16' 
Jer. 7^'- ''• 
Micah 6^ 
(D) Dt. 18^^ 
Eedemption of first born sons. 
(J) Ex. 13^^ 
"And it came to pass, when Pharaoh would hardly let 
us go, that Jehovah slew all the firstborn in the land of 
Egypt, both the firstborn of man, and the firstborn of 
beast: therefore I sacrifice to Jehovah all that openeth 
the womb, being males; but all the firstborn of my sons 
I redeem." 
See 

Ju. ll'°-*« 

Mr. H. G. Wells in his Outline of History, quoting 

from the speculations of different authors, suggests that 

human sacrifice may have originated from the burial of 

the dead. When the earliest excavations were made by 



162 Old Testament Law for Bihle Students 

prehistoric man for the purpose of burying a dead body, 
it was necessary to disturb the soil over a considerable 
space. As it was their custom to leave with the body 
some grains of cereal to provide it with food, later they 
saw an abundant crop of this grain, much greater in 
amount than in other places, springing out of this cul- 
tivated soil. The idea no doubt occurred to the super- 
stitious that in some way the dead body gave this greater 
harvest. And it was but a step to the further conclusion 
that human sacrifice was beneficial in producing crops 
of grain. In the spring when the great crop growing 
time arrived some human being would be killed to pro- 
cure especial favor for an abundant harvest. And when 
the golden grain was gathered human sacrifice was again 
made by some tribes in gratitude it would seem for bless- 
ings received. 

B. Animal Sacrifices. 

(P) Lev. 3 ^^ 

"And if his oblation be a sacrifice of peace ofl^erings: 
if he offer of the herd, whether male or female, he shall 
offer it without blemish before Jehovah. 

And he shall lay his hand upon the head of his obla- 
tion, and kill it at the door of the tent of the meeting: 
and Aaron's sons the priests shall sprinkle the blood upon 
the altar round about. 

And he shall offer of the sacrifice of peace offerings 
an offering made by fire unto Jehovah; the fat that cov- 
ereth the inwards, and all the fat that is upon the in- 
wards, and the two kidneys, and the fat that is on them, 
which is by the loins, and the caul upon tlie liver, with 
the kidneys, shall he take away. 

And Aaron's sons shall bum it on the altar upon the 
burnt offering, which is upon the wood that is on the 
fire : it is an offering made by fire, of a sweet savor unto 
Jehovah.'' 

(D) Dt. 12^' 

1519-23 



Animal Sacrifices 163 

^^AU the firstling males that are born of thy herd and 
of thy flock thou shalt sanctify unto Jehovah thy God: 
thou shalt do no work with the firstling of thy herd, noi 
shear the firstling of thy flock. 

Thou shalt eat it before Jehovah thy God year by year 
in the place which Jehovah shall choose, thou and thy 
household. 

And if it have any blemish, as if it be lame, or blind, 
any ill blemish whatsoever, thou shalt not sacrifice it unto 
Jehovah thy God. 

Thou shalt eat it within thy gates: the unclean and 
the clean shall eat it alike, as the gazelle, and as the hart. 

Only thou shalt not eat the blood thereof; thou shalt 
pour it out upon the ground as water. '^ 
(D) Dt. 17' 
(H) Lev. 22 '^^ 
(J) Gen. 8^ 

"And Noah buided an altar unto Jehovah, and took of 
every clean beast, and of every clean bird, and offered 
burnt-offerings on the altar.'' 

(C) Ex. 20^ 

"An altar of earth thou shalt make unto me, and shalt 
sacrifice thereon thy burnt-offerings, and thy peace-offer- 
ings, thy sheep, and thine oxen: in every place where I 
record my name I will come unto thee, and I will bless 
thee.'' 

(D) Dt. 12''-^^- 

27' 
1 S. 16^ 
Redemption of firstborn. 

(J) Ex. 13'^ 
For the poor turtle doves or pigeons may be offered. 
(P) Lev. 5^ 
Lev. 5 ''-'' 
C. Cereals and Libations. 

(C) Ex. 23'^^- 



164 Old Testament Law for Bible Students 

29 *^* ^ 
(P) Lev. 6 ^^-^ 

2 

23 ^^ 
(P) Nu. 15 '-'' 

D. Shewhread. 

(H) Lev. 24^-^ 

"And thou shalt take fine flour, and bake twelve cakes 
thereof : two tenth parts of an ephah shall be in one cake. 

And thou shalt set them in two rows, six on a row, 
upon the pure table before Jehovah. 

And thou shalt put pure frankincense upon each row, 
that it may be to the bread for a memorial, even an offer- 
ing made by fire unto Jehovah. 

Every sabbath he shall set it in order before Jehovah 
continually; it is on behalf of the children of Israel, an 
everlasting covenant. 

And it shall be for Aaron and his sons; and they shall 
eat it in a holy place: for it is most holy unto him of 
the offerings of Jehovah made by fire by a perpetual 
statute." 

(P) Ex. 25 '' 

E. Sacred Lamps and Incense. 

(H) Lev. 24^-* 
"And the Lord spake unto Moses, saying. 
Command the children of Israel, that they bring unto 

thee pure olive oil beaten for the light, to cause a lamp to 

burn continually. 

Without the veil of the testimony, in the tent of the 

meeting, shall Aaron order it from evening to morning 

before Jehovah continually: it shall be a statute for ever 

throughout your generations. 

He shall order the lamps upon the pure candlestick 

before Jehovah continually." 

(P) Ex. 30 '-'• ^' ^ 
The expiatory character of sacrifices is indicated by the 

following — God must be propitiated. 



Bitual of Sacrifices 165 

1 S. 3 '* 

1 S. 26'' 

2 S. 24^ 
Mic. 6 '• ^• 

Sacrifice considered a gift to God. 

(C) Ex. 23'^ 

3420 

As food. 

(P) Lev. 3 '' 
^^And the priest shall burn it upon the altar: it is the 
food of the offering made by fire unto Jehovah.'' 
(H) Lev. 21 '' ^ 

1 S. 21*-^ 26^ 
(P) Nu. 28 2 
Ezek. 44^ 

III 

RITUAL OF SACRIFICES 

At first no priest was required. The worshiper killed 
his own animal. 

(J) Gen. 22' 
1 S. 14^-^ 

When the elaborate ritual of the temple was devised 
priests became necessary. The ceremony for each kind 
of beast or offering was minutely prescribed and must 
be carried out with the most scrupulous care for details. 
The Priestly Code contains these various rites, all of 
which were regarded as of the utmost importance. The 
priest thus acquired increased dignity and importance in 
the Jewish ceremonial. 

The animal sacrificed must not be blemished. 

(D) Dt. 17^ 

Worshipers must first sanctify themselves, by washing 
or changing garments. 

1 S. 16^ 

(E) Ex. 19^^-^ 



166 Old Testament Law for Bible Students 

The blood must never be eaten, for "the blood is the 
life," and life came from God. 

1 S. 14^ 
(H) Lev. 17" 
"For the life of the flesh is in the blood; and I have 
given it to you upon the altar to make an atonement for 
your souls; for it is the blood that maketh atonement by 
reason of the life." 

_(C) Ex. 23^'- 
For full description of the ceremony of burnt offering, 
meal offering, and peace offering see 

(P) Lev. Chs. 1. 2. 3. 
Lev. 6^^ 

/t8-18 

(P) Nu. 15'-" 

(1) For sin offerings. 

(P) Lev. Chs. 4 & 5 "' 

g 24-30 

(2) The trespass offerings. 

(P) Lev. 5^"' 

gl.7 

71-7 

(3) Heave and Wave Offering. 

(H) Lev. 23 ^»-" ^^"^ 
(P) N"u. 15''-^ 

(4) For the share of the priests. 

(P) Lev. 7 ^'« 
(P) Nu. 18^" 
See 1 S. 2 ^" 
(P) Nu. 31 ^-^ 
(D) Dt. 18'- *• 

(5) Share of Levites from local churches to temple 
at Jerusalem. 

(D) Dt. 18"^ 

(6) For full Ritual see 

(P) Lev. 9 

24" 



Ritual of Sacrifices 167 

Salt was a necessary ingredient. 
(P) Lev. 2'' 
Mk. 9 '^ 
(7) For the special elaborate ritual for the Day of 
Atonement see 

(P) Lev. 16 





TITHES AND DUES 
DUES 

nisiorical Note 

The first-bom son of a Jewish household belonged to 
Jehovah. That was His ^^dne/^ The most precious thing 
which a man had to give was required of him as a mem- 
ber of the sacred race. In the very earliest times it 
appeared that this son was actually sacrificed as a vic- 
tim to Jehovah. This was abolished, however, and the 
first-bom of the flocks and herds, the first fruits of 
the land were substituted. There was an elaborate 
ritual prescribed for the redemption of the first-born 
son, which involved the payment of a stipulated sum as 
ransom. 

(1) First-bom Sons. 

(J) See (E) Gen. 22 

(P) Ex. 13 ^' '• ^' 
(C) Ex. 22^^- 
"The first-born of thy sons shalt thou give unto me." 
(J) Ex. 34''^ 
(P) ITu. 8''-^'- 
For redemption of first-horn son see 
(J) Ex. 34^- 
(P) Nu. 3 ''-'' ^-^ 

glS 
glS 

Provision was made to prevent extortion. 
(P) Lev. 27' 
168 



Tithes and Dues 169 

(2) First-born of flocks and herds. 

(J) Ex. 13 ''■''"• 

(C) 22^ 

"Likewise shalt thou do with thine oxen, and with thy 
sheep : seven days it shall be with his dam ; on the eighth 
day thou shalt give it me.'^ 

(J) Ex. 34^^^- ^ 

(P) Lev. 27^-^ 

(P) l^u. 18^'- ''• 
"Everything that openeth the womb of all flesh which 
they offer unto Jehovah, both of man and beast, shall 
be thine: nevertheless the first-born of man shalt thou 
surely redeem, and the firstling of unclean beasts shalt 
thou redeem." 

But the firstling of a cow, or the firstling of a sheep, 
or the firstling of a goat, thou shalt not redeem; they 
are holy; thou shalt sprinkle their blood upon the altar, 
and shalt burn their fat for an offering made by fire, for 
a sweet savor unto Jehovah." 

(D) Dt. 14^^- 

15 '^-^ 

(3) Redemption by payment of money was provided 
if the worshiper resided too far from Jerusalem to take 
his offering to the temple. 

(D) Dt. 14 2^-^ 
"And if the way be too long for thee, so that thou art 
not able to carry it, because the place is too far from 
thee, which Jehovah thy God shall choose, to set his 
name there, when Jehovah thy God shall bless thee : then 
shalt thou turn it into money, and bind up the money in 
thy hand, and shalt go unto the place which Jehovah 
thy God shall choose: and thou shalt bestow the money 
for whatsoever thy soul desireth, for oxen, or for sheep, 
or for wine, or for strong drink, or for whatsoever thy 
soul asketh of thee: and thou shalt eat there before 
Jehovah thy God, and thou shalt rejoice, thou, and thy 
household." 



170 Old Testament Law for Bible Students 

(4) First Fruits. 

(C) Ex. 23''^- 

"The first of the first fruits of thy ground thou shalt 
bring into the house of Jehovah thy God.'^ 
(J) Ex. 34'^^- 
(H) Lev. 19'* 

23 ^^' ^ 
(P) Nu. 15^^"^ 

(D) Dt. 18* 

26^-^^ 

(5) Tithes. 

The system of tithing — or the gift of one-tenth of the 
income, was common in Babylonia, Egypt, Carthage and 
Syria as well as among the Hebrews. It first appears in 
the Old Testament in Amos 4*, thus dating to at least 
800 B. 0. In two out of three years the tithe was taken 
to the temple at Jerusalem. The third year it was 
given to the needy. Later the tithe was rigidly en- 
forced. 

(P) Lev. 27''-'' 

"And all the tithe of the land, whether of the seed of 
the land, or of the fruit of the tree, is Jehovah's: it is 
holy unto Jehovah. 

And if a man will redeem aught of his tithe, he shall 
add unto it the fifth part thereof. 

And all the tithe of the herd, or of the flock, whatso- 
ever passeth under the rod, the tenth shall be holy unto 
Jehovah." 

(P) Nu. 18 ""' ""' 

(D) Dt. 14 ''■'^ 

2gl2. 13 

(E) Gen. 28^"^ 

^^And Jacob vowed a vow, saying. If God will be with 
me, and will keep me in this way that I go, and will 
give me bread to eat, and raiment to put on, so that I 
come again to my father's house in peace, and Jehovah 
will be my God, then this stone, which I have set for a 



Persons Vowed 171 

pillar, shall be God's house: and of all that thou shalt 
give me I will surely give the tenth unto thee." 

Redemption of tithe. 

(P) Lev. 27^ 

The tithe was originally a gift to the Levites in place 
of their inheritance which was denied them upon the 
allotment of the land of Canaan. 
(P) Nu. 18^-^ 

"And, unto the children of Levi, behold, I have given 
all the tithe in Israel for an inheritance, in return for 
their service which they serve, even the service of the tent 
of the meeting. 

And henceforth the children of Israel shall not come 
nigh the tent of the meeting, lest they bear sin, and die. 

But, the Levites shall do the service of the tent of the 
meeting, and they shall bear their iniquity: it shall be 
a statute for ever throughout your generations ; and among 
the children of Israel they shall have no inheritance. 

For the tithe of the children of Israel, which they 
offer as a heave offering unto Jehovah, I have given to the 
Levites for an inheritance therefore I have said unto 
them. Among the children of Israel they shall have no 
inheritance. '^ 

(6) Poll Tax. 

(P) Ex. 30"-'' 

D 

PERSOlSrS VOWED OR DEVOTED AT^D THIIS'GS SACRIFICED 

According to the ancient custom a man could vow or 
devote himself or sanctify some possession of value to 
Jehovah, and this had all the validity of a contract. 
Thenceforth the person or thing vowed or devoted be- 
longed to the Sanctuary. If property it was used for the 
priests who received their support in this way out of 
tithes, dues and things sanctified. If a person wished 



172 Old Testament Law for Bible Students 

to redeem himself or withdraw the property from this 
use, it was usual to allow "redemption'' by paying a sum 
"estimated'' by the priests plus twenty per cent. The full 
schedule of valuation for persons and different articles is 
found in 

(P) Lev. 27'-^ 

(P) ITu. 30'-'' 

See also (D) Dt. 12^' ' 

2321-23 

(H) Lev. 22^ 
(D) Dt. 16'° 
As to ITazarites see 

(P) ITu. 6 2-^ 

E 

CLEAN A]^D UNCLEAN 

Introductory Note 

The Jews were no exception to the universal rule 
among primitive peoples that certain things were regarded 
as sacred and some were to be shunned. Speaking in 
terms of ceremony things were considered as clean and 
unclean. The word taboo is used to express the latter. 
ITo doubt the origin of taboo was in fear. People believed 
that every object had an indwelling spirit, and if this 
spirit was an evil one the thing must be shunned or 
propitiated. An illustration of this is the belief that ^^the 
blood is the life/' hence the sternest commands against its 
use. In many cases there seems to be no logical basis 
for belief that a certain thing was taboo. Objects of 
taboo varied in different countries. Perhaps a fuller 
knowledge of primitive psychology will throw light on this 
difficult question. It is impossible to give here a com- 
prehensive discussion of the subject. It is recommended 
that the matter be studied more fully in the Cyclopedias. 

Attention may be called, however, to one or two special 



Clean and Unclean 173 

topics. It is probable the law of clean and unclean was 
in fact founded on hygienic reasons. Many of the rules 
conform to the best modern scientific knowledge, others 
are apparently baseless. If carefully complied with they 
were at least a measure of safety in times and among 
people of the profoundest ignorance as to science. 

Meat killed in accordance with Jewish rules, including 
among others that animals should be killed with a knife 
and the blood carefully drained is called Kosher and the 
prescribed rules are still in full force and practice among 
orthodox Jews the world over. 

1. For full rules regarding clean and unclean see: — 

(1) Unclean food. 

(P) Lev. 11 
(D) Dt. 14 
Mk. 7'-^ 
Bules against eating hlood. 

(H) Lev. 19^ 
(D) Dt. 12^ 
15^ 
1 Sam. 14 2^^ 
Further see 

(P) Gen. 9^ 
(H) Lev. 19^^- "-' 
(P) 3^^ 

Y 15-19 23b.-26 

(C) Ex. 23 ^' 

3426b. 

(D) Dt. 12 ^^• 

(2) Animals torn or dead shall not he eaten. 

(C) Ex. 22'^ 
"And ye shall be holy men unto me : therefore ye shall 
not eat any flesh that is torn of beasts in the field ; ye shall 
cast it to the dogs.^^ 

(P) Lev. 7^ 17^ 

(H) Lev. 22 « 



174 Old Testament Law for Bible Students 

(D) Dt 14^ 

(3) Leavened tread. 

(P) Ex. 12^^-2° 

"In the first month, on the fourteenth day of the month 
at even, ye shall eat unleavened bread, until the one and 
twentieth day of the month at even. 

Seven days shall there be no leaven found in your 
houses : for whosoever eateth that which is leavened, that 
soul shall be cut oflf from the congregation of Israel, 
whether he be a sojourner, or one that is born in the land. 

Ye shall eat nothing leavened; in all your habitations 
shall ye eat unleavened bread." 

(C) Ex. 23'' 
(J) 34^*- 

(4) Unleavened bread. 

(J) Ex. 13^-^- 
(H) Lev. 23^ 
Jos. 5 '' 

(5) The Fruit of Young Trees. 

(H) Lev. 19 ^-^ 

(6) Contact with unclean things. 
With the dead. 

(D) Dt. 21^- ^ 
(H) Lev. 22^^- ^^• 
(P) 5' 11« 
(P) Nu. 19^-^ 

Q 10-12 

31 1' 

With unclean things. 

(P) ITu. 19 ^ 
"And whatsoever the unclean person toucheth shall be 
unclean; and the soul that toucheth it shall be unclean 
until even." 

(P) Lev. 5^-7 ''■'' 

■t-i 24. 2S. 39. 40. -| g 1-33 o-) *-« 

(7) With the Spoils of War. 

(P) Nu. 31^-^ 



Restoring Cleanliness 175 

(8) As to Nazarites. 

(P) Nu. 6'-'' 

(9) By Touching Holy Things. 

(H) Lev. 22 '' '' 

(10) Against Defiling for the Dead. 

(H) Lev. 21'-' 

(11) By Priest. 

(H) Lev. 21 ^^^ 

2. CAUSES OF UNCLEANNESS 

(1) Loathsome diseases. 

(D) Dt. 24^ 

(2) Leprosy. 

(P) Lev. 13 

(3) 7551^6 o/ hlood. 

(P) Lev. 15 ^-^^ '^-^ 

(4) Intercourse. 

(P) Lev. 15'^-^^ 18'' 

(5) Female Impurity. 

(P) Lev. 15''-'' 18 '^ 

(6) Childbirth. 

(P) Lev. 12 ^ '• *• ^• 

3. MAI^NEE OF RESTORING CEREMONIAL CLEANLINESS 

The usual metliods enjoined to remove ceremonial un- 
cleanness were the use of water for washing, bathing, etc., 
and an act of sacrifice. In certain cases such as leprosy 
there were added entire isolation of the person affected, 
fumigation, removal of infected objects, replastering the 
house, and in extreme cases its complete destruction. In 
some cases burning was required. These methods were 
as efficient as we might expect in an age ignorant of sani- 
tation and medical science. Some of the various rules 
to restore cleanliness are here given. 



176 Old Testament Law for Bible Students 
(P) Lev. 12 ^- «• 

-| -1 25. 40. 

"And whosoever beareth aught of the carcass of them 
shall wash his clothes, and be unclean until the even. 

And he that eateth of the carcass of it shall wash his 
clothes, and be unclean until the even : he also that beareth 
the carcass of it shall wash his clothes, and be unclean 
until the even." 







(D) 


Dt. 


14 






(P) 


Lev. 


13 *=-=' 
152-33 






(P) 


Nu. 


ig 12. 1M9 


Kinds 


of 


offerings. 










(H) 


Lev. 


22 "-» 



CIECUMCISIOlSr 

Circumcision was common in ancient times among 
Western Semites. It may have originated in hygienic 
reasons, or possibly may have been a survival of phallic 
worship. According to Herodotus it was in use among 
the Egyptians. 

Among the Jews circumcision was regarded as of the 
most profound importance. It was the distinguishing 
mark of the race — that which set them apart as a holy 
nation. The custom has been universally followed and is 
to this day observed in Jewish households. 
Origin and Rules. 

(P) Gen. 17'-'* 

21* 
(P) Ex. 12^ 
(P) Lev. 12^ 



Sacred Places 177 

Q 

SACEED PLACES 

Historical Note 

The places where men worship have always been re- 
garded as sacred. In these places God is supposed to 
have "set his name" and to be present in an especial 
sense. The worshiper could there come into direct con- 
tact with Deity and his worship would be especially eflSl- 
cacious. To make such places convenient of access would 
be to multiply acts of worship and tend to bind Jehovah 
and his people together. In early Jewish history places 
of special historic or religious interest such as Bethel and 
Shiloh were designated by Jehovah and worship com- 
manded in them. 

At the time of the tremendous revolution in Jewish 
worship and ritual effected by the Book of the Law in 
621 B. C. grave abuses had grown up around these Special 
Sanctuaries or "high places'' and in accordance with dras- 
tic commands they were all destroyed. All Jewish wor- 
ship thereafter centered at Jerusalem which became in a 
double sense a sacred city. The student must bear con- 
stantly in mind this distinction between modes of wor- 
ship prior to and after this epoch making event. 

The Worship of the Jews consisted almost wholly of 
sacrifices. These represented the attitude of submission 
on the part of the worshiper and an objective mode of 
securing the favor of his Deity. Acts were right or 
wrong not because of any innate quality in themselves, 
or of man's duty to his fellow man, but because God com- 
manded or prohibited them. 

But the moral element in religion, conduct rather than 
sacrifice, was preached eloquently by the great prophets. 
See 

Is. 1^-" 



178 Old Testament Law for Bible Students 

"What unto me is the multitude of your sacrifices? 
saith Jehovah: I have had enough of the burnt-oiferings 
of ramSj and the fat of fed beasts; and I delight not in 
the blood of bullocks, or of lambs, or of he-goats. 

When ye come to appear before me, who hath required 
this at your hand, to trample my courts? 

Bring no more vain oblations; incense is an abomina- 
tion unto me; new moons and sabbath, the calling of as- 
semblies, — I cannot away with iniquity, and the solemn 
meeting. 

Your new moons and your appointed feasts my soul 
hateth : they are a trouble unto me ; I am weary of bear- 
ing them. 

And when ye spread forth your hands, I will hide 
mine eyes from you; yea, when ye make many prayers, 
I will not hear: your hands are full of blood. 

Wash you, make you clean ; put away the evil of your 
doings from before mine eyes; cease to do evil; learn 
to do well; seek justice, relieve the oppressed, judge the 
fatherless, plead for the widow." 

Mic. 6'-' 

"Wherewith shall I come before Jehovah, and bow my- 
self before the high God? shall I come before him with 
burnt-offerings, with calves a year old ? 

Will Jehovah be pleased with thousands of rams, or 
with ten thousands of rivers of oil? Shall I give my 
firstborn for my transgression, the fruit of my body for 
the sin of my soul ? 

He hath showed thee, O man, what is good ; and what 
doth Jehovah require of thee, but to do justly, and to 
love kindness, and to walk humbly with thy God ?'' 

It must not be forgotten, however, that the great 
prophets did not oppose ritual, they blamed the priests 
not for observing the sacred rites, but for making these 
superior in importance to moral instruction. In all ages 
there is this eternal conflict between the prophet who 
magnifies life and conduct, and the priest who places 



Sacred Places 179 

chief stress upon the outward observance of rites and cere- 
monies. 

The Jewish race was to the time of Christ a race of 
ceremonialists. The priests exerted greater influence over 
them than the prophets. Jesus rebuked the Pharisees for 
paying more attention to ^^tithing mint and anise than 
the weightier matters of the law.'^ 

Attention has been called before to the primitive idea 
that each spot had its indwelling spirit. It was also a 
common belief that certain places were especially sacred 
and that by appropriate ceremony this sacred character 
could be imparted. Such were places where Jehovah 
"put his name.^^ We shall readily understand the follow- 
ing references by bearing these facts constantly in mind. 

1. Ancient Altars Commanded, 

(C) Ex. 20^-^ 

"An altar of earth thou shalt make unto me, and shalt 
sacrifice thereon thy burnt-offerings, and thy peace offer- 
ings, thy sheep, and thine oxen: in every place where I 
record my name I will come unto thee, and I will bless 
thee. 

And if thou make me an altar of stone, thou shalt not 
build it of hewn stones ; for if thou lift up thy tool upon 
it, thou hast polluted it. 

Neither shalt thou go up by steps unto mine altar, 
that thy nakedness be not uncovered thereon." 
XD) Dt. 27 '-''•'• 

Destruction of High Places Ordered. 

(D) Dt. 12 2-^ 

"Ye shall surely destroy all the places wherein the 
nations that ye shall dispossess served their gods, upon 
the high mountains, and upon the hills, and under every 
green tree: and ye shall break down their altars, and 
dash in pieces their pillars, and burn their asherim with 
fire; and ye shall hew down the graven images of their 
gods ; and ye shall destroy their name out of that place." 



180 Old Testament Lam for Bible Students 

2 K 22^ 

234-20 

These references should be read in full carefully. They 
demonstrate that the Deuteronomic Code was the Book of 
the Law found by Hilkiah the high priest in the Temple 
and the authorship of which was for obvious reasons as- 
cribed to Moses. 

2. The Ark of the Covenant, 

(D) Dt. 10'-' 

g-j^ 25-26 

(P) Ex. 25 ^'-^ 

(P) Ex. 26 ^-^^ 

2^1-8 3/^^1-9 

3Q 1-6 17-21 

(P) ITu. 8 * 

■1 Q 33-36 

The tables of stone on which the law was written were 
placed in the Ark. That the Jews needed this visible 
proof of Jehovah's presence illustrates their primitive 
conceptions. They had scarcely yet passed the anthro- 
pomorphic stage. 

The Altar. 

(P) Ex. 30'-'° 

The Mercy Seat. 

(P) Ex. 25 '■' 
Cherubim. 

(P) Ex. 25'' 

3. The Tabernacle or Tent of the Meeting. 

The Tent of the Meeting was a simple structure w^hicb 

could be quickly and easily moved from place to place, 

The Tabernacle was more substantial and was suited to 

less nomadic habits. 

(P) Ex. 26'-^ 
271-19 

25 '■'• ^ 



Different Sanctuaries 181 

Ex. 30 

311-11 

36^ 38^° 

4. Different Sanctuaries Established. 

(D) Dt. 12^°-^' 

"But when ye go over the Jordan, and dwell in the 
land which Jehovah your God causeth you to inherit, and 
he giveth you rest from all your enemies round about, 
so that ye dwell in safety : then it shall come to pass that 
to the place which Jehovah your God shall choose, to 
cause his name to dwell there, thither shall ye bring all 
that I command you; your burnt-oflFerings, and your sac- 
rifices, your tithes, and the heave-offering of your hand, 
and all your choice vows which ye vow unto Jehovah. 

And ye shall rejoice before Jehovah your God, ye, and 
your sons, and your daughters, and your menservants, and 
your maidservants, and the Levite that is within your 
gates, forasmuch as he hath no portion nor inheritance 
with you. 

Take heed to thyself that thou offer not thy burnt- 
offerings in every place that thou seest : but in the place 
which Jehovah shall choose in one of thy tribes, there 
thou shalt offer thy burnt-offerings, and there thou shalt 
do all that I command thee. 

Notwithstanding, thou mayest kill and eat flesh in all 
thy gates, after all the desire of thy soul, according to the 
blessing of Jehovah thy God which he hath given thee: 
the unclean and the clean may eat thereof, as of the 
gazelle, and as of the hart. 

Only ye shall not eat the blood ; ye shall pour it upon 
the earth as water. 

Thou mayest not eat within thy gates the tithe of thy 
grain, or of thy new wine, or of thine oil, or the firstlings 
of thy herds or of thy flock, nor any of thy vows which 
thou vowest, nor thy free will offerings, nor heave-offer- 



182 Old Testament Law for Bible Students 

ing of thy hand : but thou shalt eat them before Jehovah 
thy God in the place which Jehovah thy God shall choose, 
thou, and thy son, and thy daughter, and thy manservant, 
and thy maidservant, and the Levite that is within thy 
gates : and thou shalt rejoice before Jehovah thy God in 
all that thou puttest thy hand unto/^ 
(D) Dt. 14^-^ 

-| g 19. 20 

31 ^°- ^• 
5. Solomon's Temple. 

1 K 6^^ 

tj 1-15 

2 Chr. 3 '-'^ 

^ 1-22 

5^ 



6. EzehieVs Temple. 



Ezek. Chs. 40 to 46 



SACEEB OFFICIALS 

In the earliest times and for many centuries the father 
of a family acted as priest for his household. He killed 
the animal, poured out its blood, burned its fat, and 
offered it to Jehovah. The following incidents illustrate 
the rule. 

Gideon — Judges 6 ^ 

Saul— 1 Sam. 14^*' ^^• 

Solomon— 1 K. 8 '• '^ ""' 
925 

Priests officiated at the High Places scattered over the 
country, but when the entire worship of the nation was 
centered at Jerusalem an elaborate organization sprang 
up, and the priesthood became hereditary. 



Priests and Levites 183 



Priests, Levites, High Priests 

Originally Aaron and his sons were the priests. These 
were to perform the sacred rites upon the altar and have 
charge of the same. 

The Levites were members of the tribe of Levi. Their 
duty was to have charge of the tabernacle or tent of the 
meeting and to serve as helpers to the priests. Later the 
distinction seems to have disappeared. 
(D) Dt. 21^ 

(1) Appointment of Aaron and sons to priesthood. 

(P) Nu. 3 '• ^- ^^• 
(P) E£ 28' 
30^ 

(2) Their consecration. 

(P) Lev. 8'-^' 

(P) Ex. 29'-^ 
3927-29 

4012-15 

"And thou shalt bring Aaron and his sons unto the 
door of the tent of the meeting, and shalt wash them with 
water. 

And thou shalt put upon Aaron the holy garments; 
and thou shalt anoint him, and sanctify him, that he may 
minister unto me in the priest's office. 

And thou shalt bring his sons, and put coats upon 
them; and thou shalt anoint them, as thou didst anoint 
their father, that they may minister unto me in the 
priest's office: and their anointing shall be to them for an 
everlasting priesthood throughout their generations." 

(3) Appointment of Levites, 

(P) Nu. 3 *'•'■'' 

(P) Nu. 8^^-^^' ^•^- 
1 47-53 



184 Old Testament Law for Bible Students 





18^' 


(P) 


Ex. 32^ 


(D) 


Dt. 10 «• '• 




21 5b. 


(4) Their consecration. 


(P) 


N"u. 8"-^ 


No person having a blemish could be a priest. 


(s) 


Lev. 21"-^ 


(5) Ceremonial Cleanliness of Priests. 


(P) 


Ex. 28*"-^ 




29 "■ »• 




30 "-^ 


(P) 


Lev. 8" 10'-" 




19 27.28 




21^-^ 




22 1-' 


(6) Duties and Authority of Priests. 


(p) 


Nu. 10^" 




18'-^ 


(p) 


Lev. 2 1- ^- '■ "-1" 




g 6. 7. 13. 14. 


(D) 


Dt. 20'-* 21 '^ 


To act as judges. 




(C) 


Ex. 21 "^ 22 '■ '• 


(D) 


Dt. 17 ^" 


Under EzeJciel. 






Ezek. Chs, 44-48 


Of Levites. 




(p) 


Nu. 3'^» 




314-51 




41-49 




814-26 




18 21-24 


(D) 


Dt. 24 « 




33 **• " 




1 Ch. 23 ^-^ 



Duties of Priests 185 

To act as judges. 

2 Ch. 19 '■'' 
(D) Dt. 17'-'' 
But the Levites lost their position as judges after the 
exile. 

(7) Support of Priests. 

(P) Lev. 27'°-'' 
(P) Ku. 18'-'' 
(P) Ex. 29^-^ 
^^And thou shalt take the breast of Aaron's ram of con- 
secration, and wave it for a wave-offering before Je- 
hovah: and it shall be thy portion. 

And thou shalt sanctify the breast of the wave-offering, 
and the thigh of the heave-offering, which is waved, and 
which is heaved up, of the ram of the consecration, even 
of that which is for Aaron, and of that which is for his 
sons : and it shall be for Aaron and his sons as their portion 
for ever from the children of Israel; for it is a heave- 
offering : and it shall be a heave-offering from the children 
of Israel of the sacrifices of their peace-offerings, even 
their heave-offering unto Jehovah.'^ 
(P) Lev. 2' 

(P) 





5" 


Lev. 


g 24-26 




;^0 12-19 




1413 




235-20 




246-9 




2Y1-33 


Mk. 


226 


ITu. 


346-51 



(P). 

"And for the redemption of the two hundred and three- 
score and thirteen of the firstborn of the children of 
Israel, that are over and above the number of the Levites, 
thou shalt take five shekels apiece by the poll; after the 
shekel of the sanctuary shalt thou take them: (the shekel 



186 Old Testament Law for Bible Students 

is twenty gerahs:) and thou shalt give the money, where- 
with the odd number of them is redeemed, unto Aaron 
and to his sons. 

And Moses took the redemption-money of them that 
were over and above them that were redeemed by the 
Levites : from the firstborn of the children of Israel took 
he the money; a thousand three hundred and threescore 
and five shekels, after the shekel of the sanctuary; and 
Moses gave the redemption money unto Aaron and to his 
sons, according to the word of Jehovah, as Jehovah com- 
manded Moses/^ 

(P) Nu. 5'-^' 

g 19. 20 

15 2°- ^ 

Q-| 25-29 

Support of Levites. 

(D) Dt. 14^- '' 
(D) Dt. 14^ 

18 1-8 

(P) Nu. 18^-'' 

22 30. 47. 

The wages of prostitution could not be used for the 
support of priests. 

(D) Dt. 23'' 

2 

The High Priests 

This was a post-exilic title. The complete hierarchy 
was then as follows: 

1. The High Priest. 

2. His kinsman and associates, that is, the sons of 
Aaron, which included the Zadokites. 

3. The Levites who performed the menial duties, 
(a) Installation. 



(b) Clothing. 



The High Priests 187 

(P) Ex. 29'-' 

40 ^^-" 
(P) Lev. 8"^ 



(P) Ex. 28 ^-'^ 

2929. 30. 

39 '■ ''■ 
(P) Lev. 8"' 

(c) Ceremonial Cleanliness. 

(P) Lev. 10'- '• 
21 1°-" 

(d) Duties. 

(P) Ex. 28^-'" 

3Q7. 8. 10. 

"And Aaron shall burn thereon incense of sweet spices : 
every morning, when he dresseth the lamps, he shall 
bum it. 

And when Aaron lighteth the lamps at even, he shall 
burn it, a perpetual incense before Jehovah throughout 
your generations." 

"And Aaron shall make atonement upon the horns of it 
once in the year; with the blood of the sin-offering of 
atonements once in the year shall he make atonement for 
it throughout your generations: it is most holy unto Je- 
hovah." 

(P) Lev. 6"-^ 

lgl-34 



THE END 



APPENDIX 



SELECTED BIBLIOGRAPHY 



The following is not intended as a complete bibliography but 
as a selected and suggestive list of books which will be extremely 
helpful to the Bible Student, and which will be found sufficient for 
ordinary class work. 

American Revised Version of the Bible. 

Apocrypha. 

Hasting's Dictionary of the Bible. 

Young's or Cruden's Concordance. 

Encyc. Britannica. Special Articles. 

Jewish Cyclopedia. 

Encyclopedia of Religion and Ethics. 

Driver's Introduction to the Literature of the Old Testament. 

Moore's History of Religions. 

Hodges — How to Know the Bible. 

Gladden— Who Wrote the Bible. 

Kent — Historical Bible. 

" Bible Geography and History. 

" History of the Hebrew People. 

" Origin and Permanent Value of the Old Testament. 

" Israel's Laws and Legal Precedents. 
Toy — History of the Religion of Israel. 
Jastrow — Civilization of Babylonia and Assyria. 
Barton — Archaeology in Bible Lands. 
Kohler — Jewish Theology. 
Moulton — The Bible as Literature. 
Martineau — Seat of Authority in Religion. 
Johns — Translation of the Code of Hammurabi. 

B 

Grateful acknowledgment is made to Rev. J. T. Sunderland, 
D.D., from whose valuable work, The Origin and Character of the 
Bible J most of the dates contained in the following tables are taken 
by permission. 

189 



190 Old Testament Law for Bible Students 



DATES OF BIBLICAL LITERATUEE 

Many of these dates are only approximate 

B.C. 

The Prophetic Narrative or "Document" of the Hexa- 

teuch known to scholars as "J," compiled about . . 850-800 
The Prophetic Narrative or "Document" "E," compiled 

about 800-750 

Amos, the earliest written book of the Bible . . . 750 

Documents "J" and "E" combined 650-625 

Deuteronomy (Document "D") written .... 650-621 
Discovery of the "Book of the Law" (Deuteronomy, 

Document "D") in the Temple 621 

Jeremiah 626-580 

Proverbs, earliest collection (x: 1-xxii: 16) perhaps . 621-600 
Psalms. Many individual psalms doubtless written be- 
fore the Exile. (Probably no collection made until 
the time of Ezra, in the fifth century) ... 

Ezekiel 593-570 

Priestly Document, "P," main parts compiled . . 560-500 

The "Second Isaiah" (Isaiah xl-lv and perhaps Ivi-lxvi) 540 

Judges 560-500 

1 and 2 Samuel 560-500 

1 and 2 Kings (formerly one book) 560-500 

Joshua 450-400 

Job, possibly written during the Exile; more likely 450-400 
Priestly Document, "P," published to the people by 
Ezra as the "Law of the Lord," the "Law of Moses," 

The "Book of the Law" 444? 

Completion of the Pentateuch by a union of "J," "E," 

"D" and "P" 400 

Genesis, in its present form 400 

Exodus, in its present form 400 

Leviticus, in its present form ...... 400 

Numbers, in its present form 400 

Canon of "The Law" completed 400-300 

Ezra in its present form, about 300 

Nehemiah in its present form, about .... 300 

1 and 2 Chronicles (originally one book) . . . . 300 

Canon of "The Prophets" completed .... 300-200 
Translation of the Old Testament into Greek by Jewish 

Scholars in Alexandria (the Septuagint) . . . 250-100 

A. D. 

Old Testament Canon, virtual final settlement of, by the 

Jews at the Synod at Jamnia 90-100 



Biblical Dates 191 

DATES OF IMPORTANT HISTORICAL EVENTS, BIBLICAL AND OTHER 

Some of these dates are only approximate 

B.C. 

In Babylonia and Egypt powerful Kingdoms and 

advanced Civilization as early as ... . 5000-4000 
Sargon, King of Akkad, and his son Naram-Sin, 

unify Babylonia and found a Semitic Empire, 

which includes Syria and Palestine about . . . 3800 

In Egypt the great pyramid at Gizeh built by King 

Khufu or Cheops. The Book of the Dead written 4000-3500 

Code of Hammurabi of Babylon 2250 

Palestine under Babylonian rule. Much culture, 

largely of Babylonian origin. Babylonian script 

in use 2000-1500 

Migrations of Semitic Tribes, ancestors of the 

Hebrews, giving rise to the Abraham, Jacob and 

Joseph stories of Genesis, possibly 2000-1600, 

but more likely 1700-1400 

Palestine under Egyptian rule 1400 

Moses, the Exodus of Israelitish tribes from Egypt 

about 1300 

Conquest of Canaan ; Government of tribes by Judges 

or Chiefs (Period of the Judges) • . • . • • 1300-1030 
Samuel (Judge and Prophet). Consolidation of 

tribes 1050 

Monarchy established. Saul the first King . . . 1030-1010 

David, King 1010- 973 

Solomon becomes King 973 

Homeric Age in Greece 10th to 9th century 

Solomon's Temple in Jerusalem dedicated . . . 963 

Division of Kingdom into "Israel" in the North and 

"Judah" in the South 930 

Elijah, about 860 

The "Moabite Stone'' believed to come from about . 850 

Foundation of Rome (supposed) 753 

Great Creative Age of Hebrew Prophecy (Amos, 

Hosea, Isaiah, and Micah) 8th century 

Kingdom of "Israel" overthrown by Assyria; many 

taken away captives. ("Lost Tribes") . . . 721 

Hezekiah's Reformation, about 715 

Sennacherib of Assyria devastates much of Judah. 

Jerusalem saved 701 

"Book of Law" discovered in Temple (followed by 

Josiah's Reformation) 621 



192 Old Testament Law for Bible Students 

Jeremiah 626- 580 

Fall of Nineveh 606 

Solon, in Greece 640- 559 

Lao-tse, in China, latter part of .... . 6th century 

Buddha in India, possibly 623- 556 

Nebuchadnezzar takes Jerusalem 597 

Jerusalem destroyed; Kingdom of Judah broken up. 

Many Jews carried into exile in Babylonia . . 586 

Babylon captured by Cyrus the Persian . . . 539 

Return of Jews from exile, led by Zerubabbel . . 536 

Period of Persian Rule of Palestine .... 536- 333 

Confucius, in China 550- 478 

Dedication of Second Temple in Jerusalem . . 516 
Ezra comes to Palestine with many more exiles . . 458 
Influence of Priests and Scribes increases, and in- 
fluence of prophets declines 5th century 

Synagogues multiply and grow in influence . . 4th century 
Translation of Old Testament into Greek in Alexan- 
dria (the Septuagint) 250- 100 



SUGGESTIONS TO TEACHERS OF ADULT BIBLE CLASSES 

For the benefit of teachers of adult Bible classes the following 
suggestions are made as to the best methods of using this book 
for class purposes. Nothing of course can take the place of 
thorough preparation and personal interest on the part of the 
teacher. Added to these should be a knowledge of correct peda- 
gogical principles and of psychology. Thorough information alone 
will not take the place of skill and understanding as to how 
knowledge is to be imparted and the mind aroused to think and 
investigate for itself. 

1. There should be thorough mastery of materials, a thorough 
understanding as to each subject treated and the reasons for its 
separate classification and analysis. 

2. The teacher should have a general view of Jewish History 
and of the structure and make-up of the Bible. To this end 
there should be study of the results of the Higher Criticism as 
applied to the books, composition, dates and authorship of the 
Old Testament. 

3. The teacher should give his classes a proper idea of the 
place of the Torah, or the Jewish Law, in comparison with the 
other divisions and parts of the Bible. 

4. Teach by topics. Each subject or branch of the Law should 



Suggestions to Teachers 193 

be studied vertically, rather than horizontally. What is meant 
is that a definite topic, such for instance as the law of Real 
Estate, should be traced from its earliest beginnings down 
through various stages of Jewish history, showing the changes 
and developments that came with varying conditions of national 
life. A study of all phases of society that are contemporaneous 
may be of value for many purposes, indeed indispensable for an 
exact picture of life at any definite period. But for a detailed 
study of laws it is preferable to take up each subject topically 
and trace its origin, development and final form. 

5. Of vital importance and the purpose to which this book 
is primarily dedicated, is to correlate the various ancient laws 
with modern laws and regulations on the same subject. This and 
this alone gives the study of Jewish law that freshness and 
interest which will make it of value. The wide-awake teacher 
will find on every page suggestions as to parallel laws in our 
modern codes. A comparison of these, with a discussion of the 
reasons for such parallelism, will be found of the most intense 
interest, and of profound value by way of observation, and 
reasoning on social and economic subjects. Incidentally it will 
also demonstrate how causes operated in that ancient world simi- 
lar to those we observe all about us to-day, a valuable lesson in 
sociology. 

6. It is scarcely necessary to emphasize the thought that the 
fundamental reason for Bible study is religious instruction. Any 
inquiry into ancient life has a certain cultural value, but it is 
the religious and moral element alone that justifies intensive 
study of the Old Testament. To learn how to live is more im- 
portant than any knowledge of dry historical facts. 

7. Frequent illustrations from science, literature and history 
should be used. Many students would be attracted by these col- 
lateral illustrations who would be unable to follow a strict ad- 
herence to the text. As an example, discuss the geological record 
of the earth's history in connection with the stories of Creation in 
Genesis. The bearing of Evolution on the doctrine of the Fall of 
Man will be apparent. The place of sacrifices in all religions 
will throw light on the various doctrines as to the Atonement. 
Astronomy, mathematics, biology, sociology, ethics may all con- 
tribute subject matter for discussion on various questions of the- 
ology, of religious observances, of legal regulations. 

It follows that the wider the preparation and knowledge of the 
teacher the greater his opportunity to make the study of the Bible 
living and vital. 

8. The teacher should emphasize the great relative value of the 
Old Testament as the foundation of our Christian System of 



194 Old Testament Law for Bible Students 

religion. The wonderful story of the Jewish genius for religion, 
the high moral standards, the advanced regulations, the origin 
of Monotheism, the marvelous literature, these may all be woven 
into the study of Jewish Law and be made of entrancing interest. 

9. A comparative study of Jewish law with that of other 
nations, for instance Babylonia and Egypt, and especially the 
Code of Hammurabi, will be found profitable and will widen 
the outlook of the scholars. A careful study of the bibliography 
in the appendix will disclose much valuable material. 

10. Archaeology has become a wonderful field of study in recent 
years. Our leading newspapers and magazines contribute from 
time to time items of much interest concerning recent discoveries. 
By keeping up to date with current explorations a fascination 
may be added to the ancient story. 

11. Familiar facts and illustrations from every day life and 
experience can be woven into the class work, for the essential 
study is that of life, and life is everywhere of the same texture. 
How we react to stimuli to-day can be referred back to ancient 
people with the reasonable certainty that they were affected in 
like manner by like causes. Personal impulses, social motives, 
local incidents, every day observations may be made to contribute 
to the lesson story. 

12. Always it must be remembered it is a vital, living, moving 
story we are studying, not a historical mummy that we are dis- 
secting. Every probe goes into the sensitive, bleeding life of 
those people who had such an enthralling sense of the Divine 
presence and guidance, and who in all their experiences and 
institutions were intensely human. 



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